FedCircuitBlog

Here is an update on recent en banc activity at the Federal Circuit in patent cases. As for the only pending en banc case, addressing design patent law’s non-obviousness requirement, three amicus curiae briefs were filed in support of appellants, and three amicus curiae briefs were filed in support of neither party. As for petitions, highlights include a new petition presenting a question related to inducement of infringement and two denials in other patent cases. Here are the details.

Two cases being argued in September at the Federal Circuit attracted amicus briefs. One of these cases is Darby Development Co. v. United States. In this case, the Federal Circuit will review a decision by the Court of Federal Claims granting the government’s motion to dismiss physical takings and illegal exaction claims related to the Center for Disease Control’s eviction moratorium enacted during the onset of the COVID-19 pandemic. This is our argument preview.

Late yesterday, the Federal Circuit released three nonprecedential orders dismissing appeals. One dismissal was agreed upon by the parties. The remaining two dismissals were ordered for failure to pay docketing fees. The court did not release any orders or opinions this morning on its website. Here are 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 impact of a Federal Circuit decision on “patent applicants and owners seeking to overcome obviousness challenges”;
• an article discussing a Federal Circuit decision in a list of upcoming Supreme Court cases; and
• an article about historic women on the federal bench, including Federal Circuit Judge Tiffany Cunningham.

Today, the Federal Circuit released two opinions, one precedential and one nonprecedential, both in patent cases.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 The nonprecedential opinion involves a consolidated appeal of two inter partes review decisions, which held all challenged claims invalid on grounds of obviousness.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.