Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Highlights include a granted application to stay the Federal Circuit’s mandate to allow the prospective petitioner to challenge the Federal Circuit’s conclusion that it had waived the argument that succeeded in Arthrex, two new petitions including one related to the exhaustion doctrine and design patents, and several responses to petitions. Here are the details.
Today’s Opinions – February 12, 2020
This morning the Federal Circuit issued one Rule 36 judgment. Here is the judgment.
Recent En Banc Activity
Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include one new petition related to obviousness, one amicus brief in support of a petition related to transfer, one notice of supplemental authority related to expert testimony and a response to the notice, and the denial of two petitions. Here are the details.
Today’s Opinions – February 11, 2020
This morning the Federal Circuit issued one nonprecedential opinion in a veterans case, one nonprecedential erratum, and three Rule 36 judgments. Here is the introduction to the opinion, the text of the erratum, and a list of the Rule 36 judgments.
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 by the Federal Circuit for the U.S. Patent and Trademark office to comment on the scope and effect of Arthrex, a comment on implied patent licenses, and a report that Apple has another shot at invalidating claims of a patent it has been accused of infringing.
Today’s Opinions – February 10, 2020
This morning the Federal Circuit issued three precedential opinions in an international trade case, a veterans case, and a Merit Systems Protection Board case. The court also issued one nonprecedential opinion in a Merit Systems Protection Board case, two nonprecedential orders in patent cases, and four Rule 36 judgments. Here are the introductions to the opinions, text from the orders, and a list of the Rule 36 judgments.
Argument Recap – National Veterans Legal Services Program v. United States
Last week the Federal Circuit heard one case that attracted amicus briefs, National Veterans Legal Services Program v. United States. As we noted in our argument preview, in this case the court considered whether language added by the E-Government Act requires “a reduction in PACER fees” (the plaintiffs’ position), locks “in the status quo” in terms of fees (the district court’s holding), or authorizes an “expansion in fees” (the government’s position). Last Monday, the plaintiffs-appellants (National Veterans Legal Services Program, National Consumer Law Center, and Alliance for Justice) and the defendant-appellee United States presented their arguments to a panel of the court that included Judges Lourie, Clevenger, and Hughes. This is our argument recap.
Today’s Opinions – February 7, 2020
This morning the Federal Circuit issued one precedential opinion in a patent case, one precedential opinion in an ITC case, one nonprecedential opinion in a Merit Systems Protection Board case, one nonprecedential opinion in a government contract case, one nonprecedential opinion in a veterans case, and three Rule 36 judgments. Here are the introductions to the opinions and a list of the Rule 36 judgments.
Recent Supreme Court Activity
Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Highlights include one new petition regarding Covered Business Method review of patents, a reply brief and two amicus briefs in support of a petition related to patent damages and the impact of USPTO invalidations of patents on pending infringement litigation, and another reply brief in favor of a petition related to patent eligibility. Here are the details.
Today’s Opinions – February 6, 2020
This morning the Federal Circuit issued one precedential opinion in a patent case, one nonprecedential opinion in a patent case, and three Rule 36 judgments. Here are the introductions to the opinions and a list of the Rule 36 judgments.