FedCircuitBlog

The Federal Circuit recently issued its opinion in Doyon v. United States, a case we have been following because it attracted amicus briefs in favor of Doyon. In the case, Doyon appealed a judgment of the Court of Federal Claims upholding a decision by the Board for the Correction of Naval Records to deny an application to correct discharge records. In an opinion authored by Judge Chen and joined by Judges Newman and Linn, however, the Federal Circuit vacated the judgment of the Court of Federal Claims and remanded the case with instructions. This is our opinion summary.

This morning the Federal Circuit released a nonprecedential opinion affirming a patent case appealed from the Southern District of New York. The Federal Circuit also released a nonprecedential order dismissing an appeal. 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, fourteen amicus briefs were filed in Amgen Inc. v. Sanofi, Aventisub LLC, a patent case addressing the enablement patentability requirement. With respect to petitions, although no new petitions were filed with the Court, three new amicus briefs were filed in patent case. Here are the details.

This morning the Federal Circuit released a precedential opinion affirming a ruling of unpatentability as a result of the public use bar in a patent case appealed from the District of Delaware. The Federal Circuit also released three nonprecedential opinions. The first affirms a judgment in an inter partes review proceeding appealed from the Patent Trial and Appeal Board. The other two each dismiss a veterans case that was appealed from the Court of Appeals for Veterans Claims. Finally, the Federal Circuit released four nonprecedential orders dismissing appeals. Here are the introductions to the opinions and links to the dismissals.

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

• an article about a Federal Circuit panel concerning whether “patents, which relate to data compression and storage,” are too abstract; and
• another article about another “Federal Circuit panel . . . discuss[ing] when a party may look behind a legal challenger to discover the ‘real party in interest.’”

This morning the Federal Circuit released a precedential en banc opinion in an employment case appealed from the Court of Federal Claims. The en banc court held that the Office of Personnel Management to date has not adopted regulations that provide for differential pay based on COVID-19 in various workplace settings. Notably, Judge Reyna dissented in an opinion joined by Judge Newman. The Federal Circuit also released a nonprecedential opinion dismissing a veterans case appealed from the Court of Appeals for Veterans Claims. The Federal Circuit also issued a nonprecedential order transferring a case to the Ninth Circuit and another nonprecedential order dismissing two appeals. Finally, the Federal Circuit released two Rule 36 judgments. Here are the introductions to the opinions, text from the order, and links to the dismissal and Rule 36 judgments.

This morning the Federal Circuit released three precedential opinions. The first comes in a takings case appealed from the Court of Federal Claims. In it, the Federal Circuit reversed the Claims Court’s finding that the property interests at issue were easements. The second comes in patent case appealed from the Western District of Wisconsin. In it, the Federal Circuit reversed the district court’s construction of a specific term, vacated the district court’s grant of summary judgment with respect to one patent, and affirm the district court’s grant of summary judgment with respect to another patent. The third comes in a patent case appealed from the District of Delaware. In it, the Federal Circuit affirmed the district court’s finding of lack of eligibility. The Federal Circuit also released a nonprecedential opinion in a patent case appealed from Patent Trial and Appeal Board. Finally, the Federal Circuit released a nonprecedential order dismissing an appeal.

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] Federal Circuit panel on Tuesday went in circles trying to lock down how a party can disavow part of an exhibit attached to its complaint”;
• another article about the Federal Circuit holding “raised tariffs on imports of steel derivatives such as nails and fasteners didn’t exceed the scope of the president’s authority”; and
• a third article about “[c]hipmaking giant Intel Corp. . . . settl[ing] a patent lawsuit brought by wireless technology developer ParkerVision Inc.”

This morning the Federal Circuit released three nonprecedential opinions. The first and second opinions come in cases appealed from the Court of Federal Claims and involve issues related to the Vaccine Act and jurisdiction, respectively. The third opinion comes in a patent case appealed from the Patent Trial and Appeal Board. The Federal Circuit also released two nonprecedential orders late yesterday and this morning. One transfers an appeal to the Northern District of Illinois, and the other dismisses an appeal. Finally, the Federal Circuit released two Rule 36 judgments. Here are the introductions to the opinions, text from the order, and links to the dismissal and Rule 36 judgments.

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 the “Federal Circuit refused . . . to rehear a challenge to a Delaware judge’s probe into the financing of patent litigation”;
• another article about “Sanofi and Regeneron on Friday urg[ing] the U.S. Supreme Court to reject Amgen’s arguments that it deserves broad patent coverage on cholesterol drugs”; and
• a blog post examining the reasons why the “Federal Circuit has ordered [Google’s] case moved out of the Western District of Texas (Waco) to the Northern District of California.”