Opinions

Opinions & Orders – February 5, 2021

This morning, the Federal Circuit issued a nonprecedential opinion in a patent case affirming a rejection of a patent application for claiming unpatentable subject matter. Here is the introduction to the opinion.

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Argument Recap / En Banc Activity

Argument Recap – Arellano v. Tran

Yesterday, the Federal Circuit held an en banc session to hear oral argument in Arellano v. Tran. In this case, the court is considering the availability of equitable tolling in the context of a statutory provision addressing veterans who request disability benefits by filing an application within one year from the date of the their discharge or release. This is our argument recap.

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Opinions

Opinions & Orders – February 4, 2021

This morning the Federal Circuit issued two precedential opinions in government contract cases. Additionally, the court issued two nonprecedential opinions in patent cases. Finally, the court issued three Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.

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Petitions / Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit.

Here are the details.

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Opinions

Opinions & Orders – February 3, 2021

This morning, the Federal Circuit issued four nonprecedential opinions: one in a veterans case, a second in a case appealed from the Merit Systems Protection Board, and a third in a case dismissed for a lack of jurisdiction by the Court of Federal Claims. The Federal Circuit also issued four Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.

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En Banc Activity

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. The en banc court will hear oral argument tomorrow in a veterans case. As for patent cases, highlights include new petitions questions related to inter partes review, enablement, and eligible subject matter; a new response to a petition raising questions related to the intersection of inducement of infringement and Hatch-Waxman; and the denial of three petitions raising questions related to eligible subject matter, enablement, the intersection of venue and Hatch-Waxman, and the presumption of validity. Here are the details.

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Opinions

Opinions & Orders – February 2, 2021

This morning, the Federal Circuit issued one nonprecedential opinion in a veterans case and one nonprecedential opinion in an appeal from the Merit Systems Protection Board. Additionally, the court issued one nonprecedential order denying petition for a writ of mandamus. Here are the introductions to the opinions and the text from the order.

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Featured / Opinions / Petitions

Breaking News – Federal Circuit Grants Mandamus Staying All Proceedings in Patent Case Pending Resolution of Motion to Transfer

Late yesterday the Federal Circuit granted a petition for a writ of mandamus related to a transfer motion filed in the Western District of Texas in a patent case. Notably, the Federal Circuit found that “the district court’s handling of the transfer motion up until this point in the case has amounted to egregious delay and blatant disregard for precedent.” As a result, the Federal Circuit ordered the district court to “stay all proceedings concerning the substantive issues in the case until such time that it has issued a ruling on the transfer motion capable of providing meaningful appellate review of the reasons for its decision.” Presumably the Federal Circuit issued the order late yesterday given that the district court had scheduled a hearing on the transfer motion for this morning. But, according to yesterday’s order, the district court scheduled that hearing only after the Federal Circuit ordered the filing of a response to the petition by yesterday. Here is the text of yesterday’s order.

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News

Recent News on the Federal Circuit

Here’s the latest.

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Opinions

Opinions & Orders – February 1, 2021

This morning, the Federal Circuit issued a precedential opinion in a patent case, finding that the Patent Trial and Appeal Board erred by invalidating a claim for anticipation when the relevant petition asserted only obviousness. The court also issued a nonprecedential opinion in another patent case affirming PTAB findings of obviousness. Finally, the court issued two Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.

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