En Banc Activity / Featured / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. As for granted petitions, a reply brief was filed in a pending en banc case concerning a district court’s responsibility to scrutinize a patentee’s reliance on supposedly comparable licenses. As for pending petitions, a pro se litigant filed a petition, a response was filed to a petition presenting a question related to waiver of alternative grounds for affirmance, and the court denied a petition presenting a question regarding vicarious liability for direct infringement. Here are the details.

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Featured / Petitions / Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, there is no new activity to report. With respect to petitions, new petitions were filed in two patent cases. The court also received a waiver of the right to respond to one of the petitions in those patent cases, a brief in opposition to a petition in another patent case, and three new amicus briefs in support of the petitioner in yet another patent case. Here are the details.

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Opinions

Opinions & Orders – February 5, 2025

This morning the Federal Circuit released three nonprecedential opinions, three nonprecedential orders, and two Rule 36 summary affirmances. The nonprecedential opinions come in two cases on appeal from the Merit Systems Protection Board and in a pro se case on appeal from the Court of Federal Claims. All three nonprecedential orders dismiss appeals. Here are the introductions to the opinions and links to the summary affirmances and dismissals.

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Opinions

Opinions & Orders – January 28, 2025

Late yesterday, the Federal Circuit released a nonprecedential order in a patent case on appeal from the Patent Trial and Appeal Board. This morning the Federal Circuit released one precedential opinion and three nonprecedential opinions. The lone nonprecedential opinion was in an appeal from the Merit Systems Protection Board. Of the nonprecedential opinions, one came in a trademark case, one came in a patent case, and the final one came in a government contract case. Here are the introductions to the opinions and order.

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Opinions

Opinions & Orders – October 15, 2024

This morning the Federal Circuit released three nonprecedential opinions, four Rule 36 judgments, and one nonprecedential order. The first nonprecedential opinion affirms a judgment in a patent case appealed from the District of Maryland. The second and third affirm judgments of the Merit Systems Protection Board. The order is a dismissal. Here are the introductions to the opinions, links to the Rule 36 judgments, and a link to the dismissal.

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Petitions / Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, the respondent’s merits brief was filed in Feliciano v. Department of Transportation. While no new petitions were filed, a waiver of the right to respond was filed in a pro se case. In addition, the Court denied the petitions in six patent cases, one takings case, and three pro se cases. Here are the details.

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Petitions / Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, there is no new activity to report. With respect to petitions, one new petition was filed in a pro se case, and two new replies were filed in patent cases raising questions related to notice-and-comment rulemaking and patent eligibility. Here are the details.

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Opinions

Opinions & Orders – September 3, 2024

This morning the Federal Circuit released one precedential opinion and one nonprecedential opinion. The precedential opinion affirms a summary judgment of invalidity in a patent infringement suit. The nonprecedential opinion affirms the Trademark Trial and Appeal Board’s dismissal of an opposition. Here are the introductions to the opinions.

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Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. This week’s highlights include new petitions filed in a patent case raising questions related to Rule 36 and a pro se case raising questions related to Whistleblower Protection Act, a new brief in opposition filed in another patent case raising questions related to patent eligibility, and a new waiver of the right to respond in a third patent case raising questions related to prior art that may be asserted in inter partes review proceedings. Here are the details.

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Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. There was a new petition filed in a patent case concerning questions about inter partes review, and there was a new amicus brief filed in another patent case. Here are the details.

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