FedCircuitBlog

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include new petitions filed in seven cases raising questions related to the Administrative Procedure Act, obviousness, patent eligibility, and the Appointments Clause, and the denial of four petitions raising questions related to collateral estoppel and inter partes review, the Appointments Clause, and obviousness. Here are the details.

This morning the Federal Circuit issued one precedential opinion in a patent case, two nonprecedential opinions in patent cases, two nonprecedential opinions in veterans cases, one nonprecedential opinion in a takings case, one nonprecedential opinion in a Vaccine Act case, and one nonprecedential opinion in a tax case. Here are the introductions to the opinions.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights a Vietnam veteran’s attempt to collect legal fees related to Agent Orange benefits, a rare free speech ruling by the Federal Circuit in a patent case, and a recent petition by Comcast to the Supreme Court.

This morning the Federal Circuit issued one nonprecedential opinion in a patent case and one nonprecedential opinion in a Merit Systems Protection Board case. Here are the introductions to the opinions.

This week, the Federal Circuit has assigned about 67 cases to 16 panels. That said, given the ongoing coronovirus pandemic, only 10 panels will hear arguments and only in about 20 cases. Moreover, all of these arguments will be held telephonically, with live online access to each of these arguments. Of these 20 cases, only one attracted an amicus brief. We provide more details here regarding the court’s approach to court week this month and the one case attracting an amicus brief.

About once a month we provide an update on activity in patent cases pending before panels of the Federal Circuit where the cases involve at least one amicus brief. We keep track of these patent cases in the “Other Cases” section of our blog. There we also highlight non-patent cases that attract amicus briefs, but only once those cases have been scheduled for oral argument. Today, with respect to these cases we highlight three dispositions, four recent oral arguments, and one upcoming oral argument.

This morning the Federal Circuit issued two precedential opinions in patent cases and nonprecedential opinions in three related patent cases. Here are the introductions to the opinions.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights an article about a recent Federal Circuit decision related to the 2017 Veterans Affairs Accountability and Whistleblower Protection Act, a call to fast-track a case related to GI Bill benefits, a comment on the Federal Circuit’s recent decision to provide access to live audio of oral arguments during the court’s April 2020 session, and a blog post about the denial of a motion to stay issuance of the mandate in Arthrex.

The Federal Circuit did not issue any opinions this morning.

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 new activity to report. With respect to petition cases, three new petitions were filed raising issues related to patent and trade law; four patent cases saw amicus briefs filed; and the Court denied a petition in a patent case. Read on for the details.