Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include new petitions filed in thirteen cases raising questions related to the Appointments Clause, venue, and claim construction and the denial of six petitions raising questions related to non-obviousness, anticipation, inherency, procedure, the statutory experimental use exception, and the Appointments Clause. Here are the details.
Today’s Opinions – March 17, 2020
This morning the Federal Circuit issued a precedential opinion in a patent case, a nonprecedential opinion in a patent case, a nonprecedential opinion in an MSPB case, and a nonprecedential order denying a petition for a writ of mandamus in a patent case. Here are the introductions to the opinions and text from the order.
Recent News on the Federal Circuit
Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights an article discussing the Federal Circuit’s modification to its April oral argument schedule given the coronavirus pandemic, a note on the denial of a request by the Electronic Frontier Fountain for the Federal Circuit to broadcast an upcoming hearing, and a press release announcing a Supreme Court petition challenging the Federal Circuit’s affirmation of a Court of Claims decision rejecting a takings challenge to the re-allocation of irrigation water rights by the U.S. Bureau of Reclamation.
Federal Circuit Issues Public Advisory Restricting Access to the National Courts Building
This morning the Federal Circuit issued a “Public Advisory Restricting Access to the National Courts Building,” which puts in place restrictions effective at noon Eastern time today. The Advisory indicates these restrictions “will help promote the safety and health of both court staff and members of the public conducting court business.”
Today’s Opinions – March 16, 2020
This morning the Federal Circuit issued one precedential opinion in a patent case, one nonprecedential opinion in a patent case, and six Rule 36 judgments. Here are the introductions to the opinions and a list of Rule 36 judgments.
Recent Scholarship Related to the Federal Circuit
This month we highlight two papers and two books. The first paper analyzes opinion assignments within the Federal Circuit, while the second paper considers the remedy of disgorgement in intellectual property cases. The first book focuses on the challenges 3D printing poses to traditional intellectual property regimes, while the second book analyzes the possibility of standardizing remedies for patent infringement in the context of complex products like smartphones and laptops.
Today’s Opinions – March 13, 2020
This morning the Federal Circuit issued three precedential opinions in patent cases and one nonprecedential order in a patent case. Here are the introductions to the opinions and the text of the order.
Recent News on the Federal Circuit
Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights a call for the Federal Circuit to live stream an upcoming hearing for the public, a petition to the Supreme Court related to sovereign immunity and venue, and an appeal to the Federal Circuit of a ruling granting an extra year of college tuition benefits to thousands of veterans.
Recent Supreme Court Activity
Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to pending cases, there was activity in only one case, the copyright case of Google LLC v. Oracle America, Inc. With respect to petitions cases, new petitions were filed in three patent cases, a response to a petition was filed in a Merit Systems Protection Board case, and two parties waived their rights to respond to petitions. Here are the details.
Today’s Opinions – March 12, 2020
This morning the Federal Circuit issued one nonprecedential opinion in a patent case and one nonprecedential opinion in an appeal from the Armed Services Board of Contract Appeals. Here are summaries of the opinions.