FedCircuitBlog

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights the Federal Circuit’s denial of en banc rehearing in Arthrex, a Federal Circuit decision upholding a $268 million award in favor of the Alfred Mann Foundation for Scientific Research, and a recent Federal Circuit decision reviewing jury instructions defining the “ordinary observer” in design patent cases.

This morning the Federal Circuit issued a precedential order denying en banc rehearing in Arthrex, Inc. v. Smith & Nephew, Inc., a nonprecedential opinion in a Veterans case, and a Rule 36 judgment. Here is the text of the order and the introductions to the opinions.

This afternoon the Federal Circuit announced various modifications to its operations, “including suspending the filing of certain paper copies, establishing modified filing and service procedures for parties appearing pro se, authorizing changes to how the Clerk’s Office provides assistance to the public, and providing additional guidance to counsel concerning the scheduling of future court hearings.” The court’s announcement includes links to an administrative order and three notices outlining particular modifications to the court’s procedures. The court said it was making these changes “to continue court operations in response to ongoing public health emergencies.”

This morning the Federal Circuit did not issue any opinions.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights comments on the Federal Circuit’s refusal to extend deference to decisions by the USPTO’s Precedential Opinion Panel, a note on a petition for en banc rehearing related to venue, an article about Apple’s transfer of $454 million to pay a judgment for patent infringement, and a summary of courts’ steps to prevent transmission of the novel coronavirus.

This morning the Federal Circuit issued one precedential opinion in a Merit Systems Protection Board case. Here is the introduction to the opinion.

Today the Federal Circuit announced that, in light of the coronavirus pandemic, the court has canceled its Judicial Conference previously scheduled for May 15, 2020 in Washington DC, including all related events. The court indicated it hopes to reschedule the conference.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, there is no activity to report this week. With respect to petitions cases, new petitions were filed in five cases, two amicus briefs were filed in another case, and the Court denied a petition. Here are the details.

This afternoon the Federal Circuit issued an “Updated Public Advisory Concerning the Federal Circuit’s April 2020 Sitting.” In it, the court announced it is converting all remaining oral arguments still scheduled for April to telephonic hearings. Here are the details.

This morning the Federal Circuit issued one precedential opinion in a patent case. Notably, in a concurrence in that case, all three judges on the panel express their view that, were the relevant statute ambiguous, they “would find that no deference is due” to a prior opinion issued by the U.S. Patent and Trademark Office’s Precedential Opinion Panel. Here are the introductions to the majority and concurring opinions.