FedCircuitBlog

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Of the six pending merits cases, there was no new activity. Three new petitions, however, were filed, along with a supplemental brief, two response briefs, and an amicus brief.

Today the Federal Circuit issued one precedential opinion in a Merit Systems Protection Board case, one precedential opinion in a government contract case (with an opinion from Judge Hughes concurring in part and dissenting in part), one nonprecedential opinion in a veterans case, and three nonprecedential Rule 36 judgments. Here are the introductions to the opinions.

Here is an update on recent en banc activity at the Federal Circuit in patent cases, including recent petitions related to patent eligibility and the constitutionality of inter partes review, a response to a petition on the issue of standing to challenge Patent Trial and Appeal Board decisions confirming patentability, and an amicus brief in support of another petition.

Today the Federal Circuit issued one precedential opinion in a patent case and one Rule 36 judgment. Here is the introduction to the opinion.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights news related to the Federal Circuit’s October hearings, a comment on the Trump administration’s stance on a petition for certiorari by Google, a discussion on the distinction between preemption and novelty/non-obviousness, and a note on a recent amicus brief filed by U.S. Steel in a case being watched by the Cato Institute.

The Federal Circuit did not issue any opinions today.

This Tuesday the Supreme Court returns from its summer hiatus, holding its first conference of the 2019 Term. Here is a list of the petitions that have been distributed for Tuesday’s conference in cases decided by the Federal Circuit, organized by subject matter, along with some comments.

This week and next Monday the Federal Circuit will hold 17 panel hearings and hear oral arguments in about 47 cases. Notable cases include Evolved Wireless LLC v. ZTE (USA) Inc., In Re FCA US LLC, X2Y Attenuators, LLC v. Intel Corporation, Cardionet, LLC v. InfoBionic, Inc., and VirnetX Inc. v. Apple Inc.

Next week the Federal Circuit will hear arguments in VirnetX Inc. v. Apple Inc. For the third time in a series of cases brought by VirnetX, Apple is appealing a judgment of infringement. As explained in VirnetX’s brief, “[i]n this action . . . a jury found infringement by revised versions of VPN on Demand and FaceTime,” “finding . . . that VirnetX was entitled to $502 million in damages.”

Today the Federal Circuit issued a precedential erratum.