FedCircuitBlog

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

• an article covering how Judge Pauline Newman is “pushing back” against her suspension from the bench over claims she is unfit for duty;
• a report that “[t]he D.C. Circuit doesn’t have the authority to unseal documents related to the Federal Circuit’s suspension of Judge Pauline Newman”;
• a piece highlighting “numerous interesting, precedential decisions from the Federal Circuit on a range of patent issues” in the second half of 2024; and
• an article providing “a statistical review of the U.S. Court of Appeals for the Federal Circuit’s decisions in patent cases during calendar year 2024.”

The Federal Circuit did not release any opinions or orders on its website today its previous announcement that it would be closed today given the National Day of Mourning for President Carter.

This morning the Federal Circuit released two nonprecedential opinions in pro se cases. Here are the introductions to the opinions.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update, the court received a petition raising a question regarding claim construction, and the court denied a petition raising questions regarding reliance on expert testimony in applying the doctrine of equivalents. Here are the details.

This evening the Federal Circuit announced that it will reopen tomorrow and hold proceedings in person. Here is the full text of today’s announcement.

This morning the Federal Circuit released two precedential opinions, one in a copyright case and one in a trade case. The court also released three nonprecedential opinions, two in patent cases and one in a trade case. The court also released an erratum. Here are the introductions to the opinions and a link to the erratum.

This morning the Federal Circuit announced that it will be closed to the public today, January 7, due to inclement weather. It also announced that it will conduct one of two proceedings by remote videoconferencing only, while the other proceeding will occur in person. Here is the full text of today’s announcement.

Here is an update on activity in cases pending before panels of the Federal Circuit where the case involves 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 three new opinions, one in a case related to the rulemaking authority of the Department of Veterans Affairs, another in a takings case related to water rights, and another related to patents alleged to be improperly listed in the FDA’s Orange Book. We also highlight five new cases, two related to trade agreements, two related to takings claims, and one patent case. Finally, we note new briefing in a patent case we have been tracking. Here are the details.

In December the Federal Circuit issued its opinion in City of Fresno v. United States, a takings case that attracted two amicus briefs. In this case, the Federal Circuit reviewed a dismissal by the Court of Federal Claims and a grant of summary judgment in favor of the United States. Parties to the California Central Valley Project sued the United States claiming they were entitled to water the United States failed to distribute after a drought in 2014. In an opinion authored by Judge Stark and joined by Chief Judge Moore and Judge Clevenger, the Federal Circuit affirmed the lower court’s dismissal and grant of summary judgment. This is our opinion summary.

This morning the Federal Circuit released a precedential opinion in a case appealed from the Merit Systems Protection Board involving claims under the Uniformed Services Employment and Reemployment Rights Act. The court also released two nonprecedential opinions, one in a patent case appealed from the Patent Trial and Appeal Board and the other in a pro se case appealed from the Court of Federal Claims. Here are the introductions to the opinions.