FedCircuitBlog

Here is an update on recent en banc activity at the Federal Circuit. Since our last update, the court has set a date for oral argument in the only pending en banc case, which relates to the President’s Article II removal powers. Also, a new response was filed in response to a petition that raises questions about the written description requirement, and the court denied three petitions that raised questions regarding appellate procedure, claim construction, means-plus-function treatment, and damages. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit. Since our last update, one petition for rehearing en banc was granted in a case raising a question related to whether veterans’ preference rights are applicable to veterans currently employed by the federal government, and one new amicus brief was filed in a case raising a question related to the President’s Article II removal powers. In addition, one new petition for en banc rehearing was filed raising questions related to appellate procedure and means-plus-function treatment. Lastly, three petitions were denied in cases raising questions related to test for design patent infringement, the constitutional right to a jury trial, the Administrative Procedure Act, appellate procedure, and transfer. Here are the details.

This morning, the Federal Circuit released one precedential opinion, two nonprecedential opinions, and one nonprecedential order. The precedential opinion comes in a veterans case appealed from the Court of Appeals for Veterans Claims. One of the nonprecedential opinions comes in a patent case appealed from Northern District of California, and the other comes in response to a petition to review a decision of the Merit Systems Protection Board. The nonprecedential order denies a petition for writ of mandamus to the Eastern District of Texas seeking to stay a patent case. Here are the introductions to the opinions and the order.

Late yesterday, the Federal Circuit released two nonprecedential orders dismissing appeals. This morning, the court released one precedential opinion and three nonprecedential opinions. The precedential opinion and one of the nonprecedential opinions come in patent cases appealed form the District of Delaware. One of the other nonprecedential opinions comes in a government contract case appealed from the Court of Federal Claims, and one comes in another patent case appealed from the Eastern District of North Carolina. Here are the introductions to the opinions as well as links to the dismissals.

This morning, the Federal Circuit released two precedential opinions, five nonprecedential opinions, and one nonprecedential order dismissing an appeal. Of the precedential opinions, one comes in a trade case and one comes in a patent case appealed from the Patent Trial and Appeal Board. Of the nonprecedential opinions, two come in patent cases appealed from the Patent Trial and Appeal Board, two come in patent cases appealed from district courts, and one comes in a veterans case. Notably, one of the patent cases includes an opinion by Judge Cunningham concurring-in-part and dissenting-in-part. Here are the introductions to the opinions and a link to the dismissal.

This morning, the Federal Circuit released three precedential opinions, seven nonprecedential opinions, one nonprecedential order, and one summary affirmance under Rule 36. Of the precedential opinions, two come in patent cases on appeal from the Patent Trial and Appeal Board, while the third comes in a veterans case on appeal from the Court of Appeals for Veterans Claims. Of the nonprecedential opinions, three come in appeals from the Merit Systems Protection Board, two come in appeals from the Court of Appeals for Veterans Claims, and two come in appeals from the Patent Trial and Appeal Board. The lone nonprecedential order dismisses an appeal. Here are the introductions to the opinions and order and a link to the summary affirmance.