Opinions

Opinions & Orders – July 14, 2023

This morning, the Federal Circuit released three opinions: a precedential opinion in a patent case addressing patentable subject matter, a precedential opinion in another patent case addressing an interference involving first-inventor-to-file patents and first-to-invent applications, and a precedential opinion in a veterans case addressing eligibility for veterans benefits. The court also released a summary affirmance. Here are the introductions to the opinions and a link to the summary affirmance.

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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:

  • a blog post by former Federal Circuit Chief Judge Paul Michel discussing the ongoing dispute regarding Judge Newman’s fitness to serve as a judge;
  • an article providing an update on the dispute, in particular highlighting how a district court recently ordered mediation; and
  • an article noting how Sullivan & Cromwell recently hired both Andrei Iancu, the former head of the Patent and Trademark Office, and former Federal Circuit Judge Kathleen O’Malley.
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Opinions

Opinions & Orders – July 13, 2023

This morning the Federal Circuit released a nonprecedential opinion in a pro se case appealed from the Merit Systems Protection Board. The court also released two nonprecedential orders, one summarily affirming a judgment of the Court of Federal Claims and another denying a petition for a writ of mandamus. Additionally, the Federal Circuit released four summary affirmances. Here is the introduction to the opinion, text from the orders, and links to the summary affirmances.

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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. With respect to granted cases, there is no new activity to report since our last update. With respect to petitions, one new petition was filed asking the Court to consider whether the deadline to file a petition to review a decision of the Merit Systems Protection Board is jurisdictional. Here are the details.

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Opinions

Opinions & Orders – July 12, 2023

This morning, the Federal Circuit released two opinions: a precedential opinion in a patent case addressing the patentability of reissue claims and a nonprecedential opinion addressing the Court of Federal Claims’ subject matter jurisdiction. The court also released two summary affirmances. Here are the introductions to the opinions and links to the summary affirmances.

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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 two new petitions raising questions concerning actual reduction to practice and obviousness. The court also denied another petition raising a question related to obviousness. Here are the details.

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Opinions

Opinions & Orders – July 11, 2023

This morning, the Federal Circuit released a nonprecedential order granting a motion to voluntarily dismiss an appeal from a judgment of the Patent Trial and Appeal Board. Additionally, the court released two summary affirmances. Here is text from the nonprecedential order and links to the summary affirmances.

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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:

  • two articles discussing a district judge’s urging for Judge Newman and her colleagues to use mediation to resolve their dispute related to her fitness to serve as a judge;
  • a blog post featuring comments by former Federal Circuit Chief Judge Paul Michel on the potential impact of the recently introduced Patent Eligibility Restoration Act; and
  • a blog post discussing the Federal Circuit’s recent grant of a petition for rehearing en banc in a design patent case addressing obviousness.
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Opinions

Opinions & Orders – July 10, 2023

This morning, the Federal Circuit released a precedential opinion in a patent case. In it, the court vacated and remanded a Patent Trial and Appeal Board judgment that challenged claims were not unpatentable for obviousness. The court also released three nonprecedential orders, two dismissing appeals for untimeliness and one dismissing an appeal for failure to prosecute. Here is the introduction to the opinion, text from the dismissals for untimeliness, and a link to the dismissal for failure to prosecute.

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Court Week

Court Week – July 2023 – What You Need to Know

This week is Court Week at the Federal Circuit. In total, the court will convene seven panels to consider 36 cases. Of these 36 cases, the court will hear oral arguments in 27. The Federal Circuit is providing access to live audio of these arguments via the Federal Circuit’s YouTube channel. This month, two cases attracted amicus briefs. Here’s what you need to know about these two cases.

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