FedCircuitBlog

This morning, the Federal Circuit released one precedential opinion, two nonprecedential opinions, and one nonprecedential order. The precedential opinion comes in a patent case and addresses an appeal from a district court’s judgment that claims are invalid for lack of enablement. One of the two nonprecedential opinions stems from another patent case where the Patent Trial and Appeal Board found numerous claims unpatentable. The second nonprecedential opinion addresses an appeal from a judgment of the Merit Systems Protection Board. The order dismisses an appeal. Here are the introductions to the opinions and a link to the order.

This morning the Federal Circuit released additional materials pertaining to the ongoing investigation into Judge Newman’s fitness to serve as a judge on the Federal Circuit. These materials include a redacted audio recording and various letters and orders, including a 375-page document containing a 73-page unanimous per curiam order of the court’s Judicial Council dated today along with numerous redacted supporting attachments. Most significantly, today’s order suspends Judge Newman for the period of at least one year. The order states:

1. “Judge Newman shall not be permitted to hear any cases, at the panel or en banc level, for a period of one year beginning with the issuance of this Order, subject to consideration of renewal if Judge Newman’s refusal to cooperate continues after that time and to consideration of  modification or rescission if justified by an end of the refusal to cooperate.”
2. “The Committee shall maintain jurisdiction over this matter.”

Here is the full text of this morning’s announcement, with links to the released materials, including today’s order and attachments along with prior letters and orders and a redacted audio recording.

Here is an update on recent en banc activity at the Federal Circuit. Highlights include two denials of petitions for rehearing en banc in patent cases. 

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 a “trio of amicus briefs Thursday threw support behind a cert petition filed last month” seeking to reverse the Federal Circuit’s decision in Intel Corp. v. Vidal, a patent case.
• an article highlighting Federal Circuit Judge Newman’s appearance at a “conference on Friday to urge more scrutiny into how patent law could affect the development of vaccines and other groundbreaking technologies”; and
• an article noting how amicus briefs were recently filed at the Supreme Court in a trademark case decided by the Federal Circuit.

This morning, the Federal Circuit released one nonprecedential opinion and five nonprecedential orders. The opinion addressed an appeal to the Merit Systems Protection Board regarding a disputed charge of insubordination. The five orders are dismissals. Here is the introduction to the opinion and links to the dismissals.

This morning, the Federal Circuit released six nonprecedential dismissals and one nonprecedential erratum. Late Friday, the Federal Circuit also released another nonprecedential dismissal. Here are links to the dismissals and the erratum.

Today, the Federal Circuit released one precedential opinion and two nonprecedential orders. The opinion vacates a non-infringement judgment in a patent case and remands for further proceedings. Interestingly, the Federal Circuit previously vacated a summary judgment of infringement in the same case. The nonprecedential orders each grant unopposed motions for voluntary dismissals. Here is the introduction to the opinion and the 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 highlighting how a “former Federal Circuit Judge predicts shake-up on” the Federal Circuit;
• an article discussing “the pending ‘Vidal v. Elster‘ Supreme Court case and whether a provision of the Lanham Act violates the First Amendment by barring registration of a trademark that contains criticism of a government official or public figure”; and
• an article analyzing a petition to the Supreme Court arguing that “the Federal Circuit failed to use the Supreme Court’s two-step” test for patent eligibility in ChromaDex Inc. v. Elysium Health Inc.

This morning, the Federal Circuit released five nonprecedential opinions. Three opinions address appeals from patent cases—two from the Patent Trial and Appeal Board and one from the District of Delaware. The additional two opinions address decisions of the Merit Systems Protection Board. Here are the introductions to the opinions.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. As for pending cases, in Rudisill v. McDonough, a veterans case, the government filed its merits brief. In addition, the Court set dates for oral arguments in both Rudisill v. McDonough and Vidal v. Elster, a trademark case. As for pending petitions, one new petition was filed in a pro se case. Additionally, the government waived its right to respond in one veterans case and five pro se cases. Here are the details.