FedCircuitBlog

Here is an 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 that attracted amicus briefs: three patent cases and a case concerning the jurisdiction of the Merit System Protection Board. Additionally, we identified a new amicus brief filed in a patent case and highlight recent oral arguments in another patent case. Here are the details.

This morning the Committee on Judicial Conduct and Disability of the Judicial Conference of the United States released a memorandum of decision unanimously denying a petition filed by Judge Newman. That petition asked the Committee to review the order of the Federal Circuit’s Judicial Council that suspended Judge Newman for the period of at least one year. Today’s memorandum includes the following findings:

• “We find that the Chief Circuit Judge and the Federal Circuit Judicial Council did not abuse their discretion by declining to request a transfer”;
• “we find no error in the Judicial Council’s conclusion that, based on the evidence gathered by the Special Committee, there was a reasonable basis for requesting that Judge Newman undergo a medical evaluation;” and
• “[w]e find that the sanction is consistent with sanctions imposed in a variety of contexts under the Act, and a one-year suspension of cases is not grossly in excess of other suspensions imposed under the [Judicial Conduct and Disability] Act.”

Here is the introduction and a link to the memorandum.

This morning, the Federal Circuit released one precedential opinion, two nonprecedential opinions, and one nonprecedential order. The precedential opinion addresses an appeal from a judgment of the Patent Trial and Appeal Board—challenging both the Board’s claim construction and asserting that the Board’s decision violates the Administrative Procedure Act. The two nonprecedential opinions address appeals from decisions of the Merit Systems Protection Board, with one opinion sparking a dissent from Judge Reyna. The order grants a voluntary withdrawal of a petition for review. Here are the introductions to the opinions and a link to the order.  

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include the only pending en banc case reaching oral argument, a new petition for rehearing regarding literal infringement, and a denial of a petition raising a question concerning the meaning of an alleged “coined term.” Here are the details. 

This morning, the Federal Circuit released five nonprecedential orders dismissing appeals. Late yesterday, the Federal Circuit also released an additional order dismissing an appeal. Here are the 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 arguing the “full Federal Circuit should reject an ill-conceived request by major players in the repair parts industry” after yesterday’s arguments in a design patent case; and
• an article discussing how the Federal Circuit agreed “with a lower court’s conclusion that claims in an Eolas Technologies Inc. 1994 web patent weren’t actually valid, handing a win to Google, Amazon and Walmart.”

This morning, the Federal Circuit released two nonprecedential opinions and six nonprecedential orders. The first opinion addresses a challenge to a district court’s construction of certain claim terms in a patent case. The second dismisses for lack of jurisdiction an appeal from the Court of Appeals for Veterans Claims. Two orders transfer appeals (one to a district court and another to an appellate court), one denies a petition for a writ of mandamus, two dismiss appeals, and one grants a summary affirmance. Here are the introductions to the opinions, selected text from the transfer and denial orders, and links to the dismissals and summary affirmance.

This week is Court Week at the Federal Circuit. In total, the court will convene 12 panels to consider 57 cases. Of these 57 cases, the court will hear oral arguments in 43. The Federal Circuit is providing access to live audio of these arguments via the Federal Circuit’s YouTube channel. This month, two cases scheduled for oral argument attracted amicus briefs. Here’s what you need to know about these two cases.

Two cases being argued this month at the Federal Circuit attracted amicus briefs. One of these cases is Jones v. Merit Systems Protection Board. In it, the Federal Circuit will review a judgment of the Merit Systems Protection Board. The Board found it lacked jurisdiction over an appeal because the appellant failed to prove he was an “employee” within the meaning of the Civil Service Reform Act of 1978. This is our argument preview.

This morning, the Federal Circuit released one nonprecedential opinion. It addresses an appeal from a district court’s judgment in a patent case. Late yesterday, the Federal Circuit also released one nonprecedential order dismissing a petition for review. Here is the introduction to the opinion and link to the dismissal.