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. While no new petitions were filed with the Court, three waivers of the right to respond were filed in pro se cases; a reply brief was filed in a patent case; and the Court denied certiorari in a pro se and a veterans case. Here are the details.

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Argument Recap

Argument Recap – In re Cellect, LLC (Cellect I)

Earlier this month, the Federal Circuit heard oral argument in In re Cellect, LLC (“Cellect I”), a patent case. In this case, the Federal Circuit reviewed a judgment of the Patent Trial and Appeal Board finding patent claims unpatentable for obviousness-type double patenting. This is our argument recap.

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Opinions

Opinions & Orders – June 14, 2023

Late yesterday and this morning, the Federal Circuit released two opinions, one precedential and one nonprecedential, both in patent cases and both addressing obviousness. Additionally, the court released five nonprecedential orders, one transferring a case to another court, one summarily affirming a judgment, one granting a motion to remand a case, and two dismissing appeals. Additionally, the court released four summary affirmances and an erratum. Here are the introductions to the opinions and orders and links to the dismissals, summary affirmances, and the erratum.

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En Banc Activity

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include a new petition presenting questions related to obviousness, a response brief addressing standards governing reissue, and denials of two petitions presenting questions related to definiteness and claim construction. Here are the details.

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Argument Recap

Argument Recap – Teradata Corp. v. SAP SE

Earlier this month, the Federal Circuit heard oral argument in Teradata Corp. v. SAP SE, an antitrust case. In this case, the Federal Circuit is reviewing a district court’s grant of summary judgment dismissing tying and trade secret claims. This is our argument recap.

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Opinions

Opinions & Orders – June 13, 2023

Late yesterday and this morning, the Federal Circuit released five nonprecedential orders, three transferring cases to other courts and two dismissing appeals. Here are the introductions to the transfers and one of the dismissals and a link to the other dismissals.

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News

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:

  • an article and a blog post discussing potential impact of the Supreme Court’s grant of certiorari in a trademark case decided by the Federal Circuit;
  • a blog post highlighting “five tips for IPR practice” in light of the Federal Circuit’s ruling in a precedential case regarding inter partes review; and
  • an article about the impact on attorney fee motions after the Federal Circuit’s decision in a patent case dealing with attorney fees and non-taxable costs under 35 U.S.C. § 285.
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Opinions

Opinions & Orders – June 12, 2023

This morning, the Federal Circuit released a precedential opinion in a patent case addressing obviousness. The court also released three nonprecedential opinions, one in a patent case and two in pro se veterans cases. Additionally, the court released a nonprecedential order dismissing an appeal. Here are the introductions to the opinions and a link to the dismissal.

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Argument Recap

Argument Recap – DiMasi v. Secretary of Health and Human Services

Last week, the Federal Circuit heard oral argument in DiMasi v. Secretary of Health and Human Services, a vaccine case. In it, the Federal Circuit is reviewing a determination by the Court of Federal Claims that a “Special Master’s denial of relief from judgment was not an abuse of discretion.” Notably, after the pro se petitioner filed informal briefs, the court issued an order appointing two attorneys to serve jointly as amicus curiae in support of the pro se petitioner’s appeal and scheduled oral argument. Judges Moore, Prost, and Taranto heard the argument, and this is our argument recap.

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Opinions

Opinion Summary – City of Wilmington v. United States

Last week, the Federal Circuit issued its opinion in City of Wilmington v. United States, a Clean Water Act case that attracted an amicus brief. In this case, the Federal Circuit reviewed a determination by the Court of Federal Claims that the City of Wilmington was not entitled to recover “the payment of reasonable service charges” assessed for “the control and abatement of water pollution” and interest pursuant to 33 U.S.C. § 1323. This is our opinion summary.

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