FedCircuitBlog

Today, the Federal Circuit released two opinions, one precedential and one nonprecedential, both in patent cases. The precedential opinion, which inspired six amici briefs, addresses obviousness-type double patenting. The nonprecedential opinion involves a consolidated appeal of two inter partes review decisions, which held all challenged claims invalid on grounds of obviousness. Here are the introductions to the opinions.

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 four new cases: a takings case concerning a moratorium on eviction in response to the COVID-19 pandemic, two new related patent cases, and a pro se case. Additionally, we highlight opinions in two patent cases. Further, the new takings case and pro se case are both set to be argued next month. Here are the details.

The Federal Circuit did not release any opinions or orders this morning on its website.

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 importance of training federal judges to manage their law clerks;
• an article highlighting the potential for the Federal Circuit to shape patent law in a pending appeal at the Federal Circuit; and
• an article considering the impact of a recent decision of the Federal Circuit on government contract cases.

Today, the Federal Circuit released a precedential opinion, a nonprecedential opinion, and a nonprecedential order.  The precedential opinion comes in an appeal from the Patent Trial and Appeal Board, which held all claims of a patent unpatentable as obvious. The nonprecedential opinion similarly comes in an appeal from the Patent Trial and Appeal Board and addresses the patentability of claims. Finally, the nonprecedential order dismisses a petition for failure to submit an opening brief. Here are the introductions to the opinions and a link to the dismissal.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, ten amicus briefs were filed in support of the petitioner in Rudisill v. McDonough. With respect to petitions, three new petitions were filed with the Court, one in a patent case, one in a veterans case, and one in a pro se case. Additionally, two amicus briefs were filed in a Tucker Act case and a waiver of right to respond was filed in a patent case. Here are the details.

Today, the Federal Circuit released one nonprecedential opinion and two nonprecedential orders. The opinion involves an appeal from a judgment of the Court of Appeals for Veterans Claims denying the appellant compensation for hearing loss. The orders are dismissals. Here is the introduction to the opinion and the links to the dismissals.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. This week’s highlight is the denial of a petition for rehearing en banc in a patent case presenting three questions related to the non-obviousness requirement.  

Today, the Federal Circuit released one precedential opinion, two nonprecedential opinions, and five nonprecedential orders. The precedential opinion arises out of a government contracts case involving an agreement to design and build a military compound in Afghanistan. The opinion addresses whether the requirement that claims submitted under the Contract Disputes Act specify the precise dollar amount sought as relief is a jurisdictional requirement. A companion nonprecedential opinion addresses whether the Armed Services Board of Contract Appeals erred in partially dismissing a claim for lack of subject-matter jurisdiction based on the requirement. Another nonprecedential opinion released today resolves an appeal from a Patent Trial and Appeal Board decision regarding the patentability of claims. Each of the nonprecedential orders are dismissals. Here are the introductions to the opinions and links to the dismissals.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

• an article commenting on the recently published transcript from Judge Newman’s hearing to determine whether Newman was “justified in not complying with an investigative committee’s request for medical records”;
• an article discussing a failed mediation between Judge Newman and her “judicial colleagues on the Federal Circuit”; and
• an article highlighting a recent opinion from the Federal Circuit affirming a patent tribunal’s finding of invalidity for two cancer treatment patents.