This morning, the Federal Circuit issued one nonprecedential opinion in a patent case. Here is the introduction to the opinion.
Update on Important Panel Activity
Here is this month’s update on activity in cases pending before panels of the Federal Circuit where the cases involve at least one amicus brief. We keep track of these cases in the “Other Cases” section of our blog. Today, with respect to these cases we highlight five dispositions, three cases with new briefing, one recent oral argument, and two upcoming oral arguments.
Opinions & Orders – August 14, 2020
This morning the Federal Circuit issued two precedential opinions in Tucker Act cases and one nonprecedential order denying a writ of mandamus. Here are the introductions to the opinions and text from the order.
Recent News on the Federal Circuit
- Conventional Technologies Used in Unconventional Ways – The Federal Circuit points out that “conventional separation technologies can be used in unconventional ways” in Illumina, Inc. v. Ariosa Diagnostics, Inc.
- Foreign Visitor’s Unborn Child Not a ‘Person’ – A fetus traveling to the United States does not qualify as a legal “person” under the Vaccine Act.
- Judgment as a Discovery Sanction was Appropriate – A TTAB trademark cancellation in the form of a discovery sanction subsequently affirmed by the Federal Circuit.
Here’s the latest.
Federal Circuit Announces Extension of Access Restrictions for the National Courts Building
The Federal Circuit and Court of Federal Claims entered a joint order today extending their prior order of June 26, which limited access to the National Courts Building, until September 14. The Federal Circuit also issued a notice with additional information related to the order. Here is text from the court’s notice.
Opinions & Orders – August 13, 2020
This morning the Federal Circuit issued one nonprecedential opinion in a patent case. Here is the introduction to the opinion.
Recent Supreme Court Activity
This post summarizes recent activity at the Supreme Court in cases decided by the Federal Circuit.
- In Google LLC v. Oracle America, Inc., Google and Oracle submitted supplemental briefs addressing the correct standard of review for the second question presented in the case.
- The following two petitions for writ of certiorari were submitted to the Supreme Court: (1) Customedia Technologies, LLC v. Dish Network Corp. and (2) Essity Hygiene and Health AB v. Cascades Canada ULC.
- Arthrex, Inc. submitted its reply to the Court in the Appointments Clause petition Arthrex, Inc. v. Smith & Nephew, Inc.
- In The Chamberlain Group, Inc. v. Techtronic Industries Co., Techtronic filed its brief in opposition to the petitioner’s argument for granting certiorari.
Here are the details.
Opinions & Orders – August 12, 2020
This morning the Federal Circuit issued two precedential opinions in a government contracts case and a veterans case. Here are the introductions to the opinions.
Recent En Banc Activity
Here is an update on recent en banc activity at the Federal Circuit. Highlights include a sua sponte grant of an en banc hearing in a veterans case, the filing of the government’s brief in another veterans case in which the court previously granted an en banc hearing, a new petition raising questions related to patent claim construction, the denial of a petition raising questions related to injunctive relief, and the denial of a petition in a pro se case. Here are the details.
Opinions & Orders – August 11, 2020
This morning the Federal Circuit issued one precedential opinion in a Vaccine Act case, one nonprecedential opinion in a patent case, and one nonprecedential erratum. Here are the introductions to the opinions and text from the erratum.