FedCircuitBlog

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 by a pro se petitioner asking the Court to consider what the proper standard of review is for an appeal seeking to correct military records. Here are the details.

This morning, the Federal Circuit released a nonprecedential opinion in a veterans case addressing a claim for a service-connected disability. Late yesterday and today, the court also released three nonprecedential orders dismissing appeals and a Rule 36 summary affirmance. Here is the introduction to the opinion and links to the dismissals and the summary affirmance.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include a new petition presenting a question related to indirect infringement and a response brief addressing obviousness. Here are the details.

This morning, the Federal Circuit released three nonprecedential opinions: one in a patent case reviewing inter partes review decisions, one in another patent case addressing subject-matter jurisdiction, and one in a case appealed from the Merit Systems Protection Board. Late yesterday, the court also released two nonprecedential orders dismissing appeals. Here are the introductions to the opinions 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 about how a recent Federal Circuit investigative panel report found that Judge Newman “has committed ‘serious misconduct’”;
• an article about how a “special committee of Federal Circuit judges voted to sanction 96-year-old Judge Pauline Newman of the appeals court, over her refusal to cooperate with an investigation into her mental fitness”; and
• an article discussing “the top copyright and trademark cases to keep an eye on in the second half of 2023.”

This morning, the Federal Circuit released three opinions: a precedential opinion in a patent case addressing claim construction, a nonprecedential opinion in a pro se case addressing disability retirement pay, and a nonprecedential opinion in another pro se case. Here are the introductions to the opinions.

This week is Court Week at the Federal Circuit, and here’s what you need to know. The court will convene just five panels to consider 24 cases. Of the 24 cases, the court will hear oral arguments in 16. The Federal Circuit is providing access to live audio of these arguments via its YouTube channel. Notably, none of this week’s cases attracted any amicus briefs. Here is a list of this week’s cases.

Today, the Federal Circuit released a nonprecedential opinion in a takings case. Late Thursday and this morning, the court also released five nonprecedential orders: four dismissing appeals and one erratum. Here is the introduction to the opinion and links to the dismissals and the erratum.

This morning the Federal Circuit released additional materials in the ongoing investigation into Judge Newman’s fitness to serve as a judge on the Federal Circuit. These materials include a group of letters and orders and, significantly, a July 31 report and recommendation of the special committee conducting the investigation. That report and recommendation:

• finds the committee had authority to enter its orders,
• concludes a reasonable basis for requiring medical examinations and the production of medical records,
• finds Judge Newman’s refusal to cooperate with the committee’s orders is not justified by any good cause and constitutes misconduct,
• and recommends Judge Newman not be permitted to participate in new cases for at least the next year or until she cooperates with the committee’s investigation into her fitness to serve as a judge.

Here is the full text of this morning’s announcement, with links to the released materials, including the report and recommendation.

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

• a blog post about how, “as of today, . . . no transcript has been made available” from the July 13 hearing from the ongoing investigation into Judge Newman’s fitness to serve as a judge;
• an article discussing how the Federal Circuit may be “on the verge of upending [the] harmonious co-existence between design patents and utility patents”; and
• a blog post about a recently-decided case we have been following because it attracted an amicus brief and its impact on the Federal Circuit’s appellate jurisdiction.