FedCircuitBlog

This week is Court Week at the Federal Circuit. In total, the court will convene nine panels to consider 47 cases. Of these 47 cases, the court will hear oral arguments in 30. The Federal Circuit is providing access to live audio of these arguments via the Federal Circuit’s YouTube channel. This month, one case attracted an amicus brief. Here’s what you need to know about that case.

This past Wednesday, the Supreme Court heard oral argument in Vidal v. Elster, a trademark case concerning the First Amendment. In this case, the Court is considering whether the U.S. Patent and Trademark Office’s “refusal to register a mark under Section 1052(c) [of the Lanham Act] violates the Free Speech Clause of the First Amendment when the mark contains criticism of a government official or public figure.” This is our argument recap.

This morning, the Federal Circuit released one precedential opinion, one nonprecedential opinion, and one nonprecedential order. The precedential opinion, which sparked a dissent from Judge Dyk, addresses an appeal in a patent case from a district court’s finding that the case was exceptional. The nonprecedential opinion affirms a judgment of the Court of Appeals for Veterans Claims regarding the effective date of a veteran’s disability compensation. The order grants a motion to withdraw an appeal. Here are the introductions to the opinions and a link to the order.

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

• an article discussing how the “U.S. Patent and Trademark Office wants the D.C. Circuit to transfer a suit, which challenges a denial of a bid for a proposed rule that would cut down on unwarranted patent invalidity reviews, to the Federal Circuit”; and
• an article about how a “Dallas-area owner of a patent assertion firm asked the Federal Circuit to pause a rolling $200-a-day civil-contempt fine imposed against her after she refused to travel to Delaware to testify before a federal judge.”

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 one new Equal Pay Act case, the filing of new briefs in two patent cases, and the filing of new amicus briefs in another patent case. Here are the details.

Today, the Federal Circuit released a nonprecedential opinion and a nonprecedential order. The opinion addresses an appeal from a final written decision of the Patent Trial and Appeal Board. The order is a dismissal of an appeal from the Patent Trial and Appeal Board. Here is the introduction to the opinion and link to the dismissal.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, yesterday the Supreme Court heard oral argument in a trademark case, Vidal v. Elster. With respect to petitions, two new petitions were filed with the Court in a trade case and a pro se case; an amicus brief was filed in a patent case addressing joinder in inter partes review proceedings. Finally, the Court denied petitions in a trade case and in two pro se cases. Here are the details.

This morning, the Federal Circuit released one precedential opinion, one nonprecedential opinion, and one nonprecedential order. The precedential opinion addresses a challenge to a claim construction order in a patent case. The nonprecedential opinion reviews a judgment of the Merit Systems Protection Board relating to alleged retaliatory action for whistleblowing, and the court’s judgment sparked a vigorous dissent by Judge Newman. Finally, the order is a dismissal. Here are the introductions to the opinions and a link to the dismissal.

Here is an update on recent en banc activity at the Federal Circuit. Highlights include five amicus briefs filed in the pending en banc case addressing design patent’s non-obviousness requirement and a denial of a petition for rehearing en banc in a utility patent case. Here are the details.  

Happy Halloween! This morning, the Federal Circuit released one nonprecedential opinion. It addresses an appeal from a judgment of the Merit Systems Protection Board. Here is the introduction to the opinion.