FedCircuitBlog

This morning, the Federal Circuit released one precedential opinion, one nonprecedential opinion, and one nonprecedential order. The precedential opinion addresses an appeal from a judgment of the Patent Trial and Appeal Board finding certain claims unpatentable either for lack of written description or anticipation. Notably, the court affirmed the Board’s judgment despite arguments that the Board issued the final written decision after the statutory deadline and thus lacked jurisdiction. The nonprecedential opinion addresses a pro se appeal from a decision of the Merit Systems Protection Board. Finally, the order grants a motion for voluntary dismissal. Here are the introductions to the opinions and a link to the dismissal.

Earlier this month, the Federal Circuit heard oral argument in Boyer v. United States. In this case, the Federal Circuit is reviewing a decision by the Court of Federal Claims to grant the government’s motion for summary judgment of a pay discrimination claim under the Equal Pay Act. The appeal relates primarily to the plaintiff’s argument that the trial court incorrectly relied only on salary history to establish its affirmative defense. Judges Dyk, Chen, and Stoll heard the parties’ arguments. This is our argument recap. 

This morning, the Federal Circuit unveiled an announcement that was first given to attendees of the Federal Circuit Bar Association’s Annual Dinner and Reception on Friday. The Court announced plans for the creation of a 2,400 square-foot learning center in Washington, DC that will focus primarily on providing unique learning opportunities focused on the intersection of law and technology to students in the local community. The center is currently planned to open in September 2024. Here is the full text of the announcement.

Today, the Federal Circuit released one nonprecedential opinion and one nonprecedential order. The opinion addresses an appeal from two judgments of the Patent Trial and Appeal Board finding all challenged claims unpatentable as obvious. The order is a dismissal of an appeal. Here is the introduction to the opinion and a link to the dismissal.

Last week, the Federal Circuit issued its opinion in Solar Energy Industries Association v. United States, a trade case we have been following because it attracted an amicus brief. In this case, the Federal Circuit reviewed a determination by the Court of International Trade that “the statutory authority to ‘modify’ a safeguard is limited to trade-liberalizing changes” and that Proclamation 10101 exceeded the President’s authority. In an opinion authored by Judge Stark joined by Judges Lourie and Taranto, the Federal Circuit reversed the judgment, holding that the “the President’s view that a ‘modification’ may include a change in a trade-restricting direction, and is not limited to trade-liberalizing changes, is not unreasonable.” This is our opinion summary.

This morning, the Federal Circuit released one nonprecedential opinion and three nonprecedential orders. The opinion addresses an appeal in a patent case, disputing the Patent Trial and Appeal Board’s claim construction and ultimate decision declaring certain claims unpatentable. The orders are dismissals. Here is the introduction to the opinion and links to the orders.

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

• an article discussing how the “Federal Circuit recently weighed in on the application of the [Administrative Procedure Act] in the context of two different [inter partes review proceedings;” and
• an article about a Supreme Court petition asking the Court “to reverse a ruling that made its patents ineligible for protection because they are too abstract.”

This morning, the Federal Circuit released one precedential opinion, two nonprecedential opinions, and one nonprecedential order. The precedential opinion addresses an appeal from two final written decisions of the Patent Trial and Appeal Board holding that claims had not been shown to be unpatentable. One nonprecedential opinion addresses an appeal asking whether a district court erred in its claim construction in a patent case. The majority found that the district court did not err, while Judge Stark dissented. The other nonprecedential opinion affirms a lower court’s decision to dismiss a claim for lack of subject matter jurisdiction. Finally, the order is a dismissal. 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, the Supreme Court heard arguments last week in Rudisill v. McDonough, a veterans case. With respect to petitions, two new petitions were filed with the Court in two patent cases raising questions related to the Federal Circuit’s practice of reversing agency decisions and patent eligibility. Two waivers of right to respond were filed, one in the patent case raising the question about reversing agency decisions and one in a pro se case. A brief in opposition was filed in a patent case addressing the ability to review determinations whether to institute inter partes review proceedings. An amicus brief was filed in a veterans case. And, finally, the Court denied a petition in a patent case. Here are the details.

This morning, the Federal Circuit released one nonprecedential opinion and two nonprecedential orders. The opinion reviews a judgment of the Trademark Trial and Appeal Board, which dismissed an opposition to the registration of a character mark and design mark. The orders are dismissals. Here is the introduction to the opinion and links to the dismissals.