En Banc Activity

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. Highlights include the filing of a reply brief filed in the only pending en banc case, a design patent case addressing the non-obviousness requirement; the filing of a new petition for rehearing in another patent case; and the denial of a petition for rehearing in a case raising a question about venue. Here are the details.

Read More
Opinions

Opinions & Orders – December 11, 2023

Today the Federal Circuit released a precedential opinion in a government contract case and a nonprecedential opinion in a pro se case. The court also released two nonprecedential orders granting summary affirmances. Here are the introductions to the opinions and links to the orders.

Read More
Opinions

Opinions & Orders – December 8, 2023

Today the Federal Circuit released four nonprecedential opinion in pro se cases. The court also released three nonprecedential orders. One affirms a dismissal in a pro se case, one grants a summary affirmance, and one grants a dismissal. Here are the introductions to the opinions, the introduction to the order affirming the dismissal, and links to the other orders.

Read More
Opinions

Opinions & Orders – December 7, 2023

This morning, the Federal Circuit released a precedential opinion in a patent case and six nonprecedential opinions in pro se cases. The court also released five nonprecedential orders: five summary affirm appeals and one grants a dismissal. Here are the introductions to the opinions and links to the orders.

Read More
Opinions

Opinions & Orders – December 6, 2023

This morning, the Federal Circuit released one precedential opinion in a trade case appealed from the Court of International Trade and four nonprecedential opinions in pro se cases. The Federal Circuit also released four nonprecedential orders, three granting summary affirmances and one dismissing an appeal. Here are the introductions to the opinions and links to the orders.

Read More
Opinions

Opinions & Orders – December 5, 2023

This morning, the Federal Circuit released two nonprecedential opinions, one nonprecedential order granting a summary affirmance, and two nonprecedential orders dismissing appeals. The opinions come in a case appealed from the Trademark Trial and Appeal Board and a case appealed from the Merit Systems Protection Board, respectively. Here are the introductions to the opinions and links to the summary affirmance and dismissals.

Read More
Opinions

Opinions & Orders – December 4, 2023

This morning, the Federal Circuit released two precedential opinions in a trade case and a patent case, a nonprecedential order denying a petition for a writ of mandamus seeking to order a district court to vacate an order to produce certain documents, and three nonprecedential orders dismissing appeals. Here are the introductions to the opinions and the order denying the petition and links to the dismissals.

Read More
Court Week / Panel Activity

Court Week – December 2023 – What You Need to Know

This week is Court Week at the Federal Circuit. In total, the court will convene 14 panels to consider 77 cases. Of these 77 cases, the court will hear oral arguments in 51. The Federal Circuit is providing access to live audio of these arguments via the Federal Circuit’s YouTube channel. This month, three cases attracted amicus briefs. Here’s what you need to know about these three cases.

Read More
Featured / Federal Circuit Announcement

Federal Circuit Announces New Rules, Court Forms, Guide, and Fee Schedule

This morning the Federal Circuit announced that amendments to the Federal Circuit Rules go into effect today. As part of implementing various changes, the court updated its rules, forms, guides, and fee schedule. Here is the text of today’s announcement and links to various related documents.

Read More
Argument Preview / Panel Activity

Argument Preview – City of Fresno v. United States

As we have been reporting this week, three cases being argued in December at the Federal Circuit attracted amicus briefs. One of those cases is City of Fresno v. United States. In this case, the Federal Circuit will review a judgment by the Court of Federal Claims ruling on cross-motions for summary judgment related to breach of contract and Fifth Amendment takings claims. The plaintiffs argue on appeal that the trial court erred both in concluding that the contractual water rights in question were subordinate to the rights of others during a drought and by dismissing takings claims for lack of standing. This is our argument preview.

Read More