FedCircuitBlog

Today, the Federal Circuit released one nonprecedential opinion and two nonprecedential orders. The opinion involves an appeal from a judgment of the Court of Appeals for Veterans Claims denying the appellant compensation for hearing loss. The orders are dismissals. Here is the introduction to the opinion and the links to the dismissals.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. This week’s highlight is the denial of a petition for rehearing en banc in a patent case presenting three questions related to the non-obviousness requirement.  

Today, the Federal Circuit released one precedential opinion, two nonprecedential opinions, and five nonprecedential orders. The precedential opinion arises out of a government contracts case involving an agreement to design and build a military compound in Afghanistan. The opinion addresses whether the requirement that claims submitted under the Contract Disputes Act specify the precise dollar amount sought as relief is a jurisdictional requirement. A companion nonprecedential opinion addresses whether the Armed Services Board of Contract Appeals erred in partially dismissing a claim for lack of subject-matter jurisdiction based on the requirement. Another nonprecedential opinion released today resolves an appeal from a Patent Trial and Appeal Board decision regarding the patentability of claims. Each of the nonprecedential orders are dismissals. Here are the introductions to the opinions and 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 recently published transcript from Judge Newman’s hearing to determine whether Newman was “justified in not complying with an investigative committee’s request for medical records”;
• an article discussing a failed mediation between Judge Newman and her “judicial colleagues on the Federal Circuit”; and
• an article highlighting a recent opinion from the Federal Circuit affirming a patent tribunal’s finding of invalidity for two cancer treatment patents.

Today, the Federal Circuit released one nonprecedential opinion and three nonprecedential orders. The opinion addresses an appeal from a grant of summary judgment in which a district court held that a patent was ineligible for patenting. Specifically, the district court found that the claims at issue simply sought to automate prior art methods to minimize human error and replaced the human operator with a conventional machine. Two of the orders released today transfer cases, and one dismisses an appeal. Late last Friday, the Federal Circuit also released a nonprecedential order dismissing an appeal. Here are the introductions to the opinion and transfers and links to the dismissals.

In early August, the Federal Circuit issued its opinion in Realtime Data LLC v. Array Networks Inc., a patent case we have been following because it attracted an amicus brief. In this case, the Federal Circuit reviewed a district court’s grant of a motion to dismiss for invalidity under 35 U.S.C. § 101. In an opinion by Judge Reyna joined by Judge Taranto, the Federal Circuit agreed with the district court. Judge Newman, however, filed a dissenting opinion. This is our opinion summary.

Today, the Federal Circuit released a nonprecedential opinion in a patent case appealed from the Patent and Trademark Office. The opinion discusses why the court affirmed the invalidation of numerous claims of three patents for obviousness. The court also released a summary affirmance under Federal Circuit Rule 36 and a nonprecedential order dismissing an appeal. Here is the introduction to the opinion and links to the summary affirmance and dismissal.

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

• a letter to the editor of the Wall Street Journal by Fifth Circuit Judge Edith Jones defending Judge Newman;
• an article describing Judge Jones’s letter in defense of Judge Newman and Judge Jones’s relevant experience; and
• an article discussing a recent Federal Circuit decision that ended over a decade of patent infringement litigation.

Late yesterday, the Federal Circuit announced the release of a redacted version of a transcript from the July 13, 2023 proceeding regarding Judge Newman, as well as an order relating to the language in the redacted transcript. The transcript was released to the public at the request of Judge Newman. Judge Newman, however, objected to the insertion of the generic descriptor “cardiac condition” as a substitute for a more specific phrase describing her condition that both the Committee and Judge Newman proposed to black out. The special committee overruled Judge Newman’s objection. Here is the full text of the announcement.

Today, the Federal Circuit released six nonprecedential orders: two order the transfer of cases to a district court, two grant motions for remand, one denies a motion to transfer to a district court, and one grants unopposed motions to voluntarily dismiss appeals. Here are the introductions to the orders and a link to the dismissal.