FedCircuitBlog

Late yesterday, the Federal Circuit released a nonprecedential order dismissing a case appealed from the Patent Trial and Appeal Board. This morning, the Federal Circuit released three nonprecedential opinions in cases appealed from the Court of Appeals for Veterans Claims, the Merit Systems Protection Board, and the Court of Federal Claims. The Federal Circuit also released two Rule 36 judgments in two patent cases. Here are introductions to the opinions and links to the Rule 36 judgments and dismissal.

This week is Court Week at the Federal Circuit. The court will convene 9 panels to consider 54 cases. Of the 54 cases, the court will hear oral argument in 35 cases. The Federal Circuit provides access to live audio of these arguments via the Federal Circuit’s YouTube channel. This Court Week, two cases scheduled for oral argument attracted amicus briefs. Here’s what you need to know about these two cases.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. The Court does not have any cases pending with granted petitions. With regard to pending petitions, the Court called for the views of the Solicitor General in a patent case involving so-called skinny labels, two waivers of the right to respond to petitions were filed in two related patent cases, and the Court denied two petitions in patent cases. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit. Since our last update, the government filed its opening brief in President Trump’s appeal challenging the judgments and injunctions entered by the Court of International Trade in cases related to his tariffs. Two amicus briefs were also filed in the same case. Additionally, the Federal Circuit received two new petitions for en banc review, one in a patent case appealed from a district court and one in a pro se case appealed from the Patent Trial and Appeal Board. Lastly, the Federal Circuit recently denied two petitions for en banc rehearing. Here are the details.

Two cases being argued in July at the Federal Circuit attracted amicus briefs. One of those cases is Apple Inc. v. International Trade Commission, a patent case. In this case, Apple appeals from a judgment of the International Trade Commission, arguing the Commission erred in concluding that Masimo established an existing domestic industry, in concluding that five patent claims are infringed and not invalid, and in rejecting Apple’s prosecution laches defense. This is our argument preview.

Here is this month’s 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 a new opinion issued in a patent case resolving a dispute related to claim construction, a new amicus brief in a patent case addressing discretionarily denials of petitions for inter partes review based on parallel district court litigation, a response brief in a patent case involving a dispute related to claim construction, and an intervenor brief filed by the Acting Director of the U.S. Patent and Trademark Office in a case involving an appeal and cross-appeal from an inter partes review proceeding. Finally, the court scheduled oral argument next month in two cases that attracted amicus briefs. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit. Since our last update, the Federal Circuit has scheduled oral argument in President Trump’s appeal challenging judgments and injunctions entered Court of International Trade in cases challenging his tariffs. Also three new en banc petitions have also been filed in patent cases, two appealed from the Patent Trial and Appeal Board and one appealed from a district court. Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With regard to granted petitions, last week the Supreme Court issued its opinion in the last remaining case this term that had been decided by the Federal Circuit. With regard to pending petitions, two new petitions were filed in patent cases. The Court also denied two petitions, one raising a question related to patents and one raising questions relating to government contracts. Here are the details.

This morning the Federal Circuit released two precedential opinions, three nonprecedential opinions, and two nonprecedential orders dismissing appeals. Both of the precedential opinions came in patent cases, where one was appealed from a district court and the other appealed from the Patent Trial and Appeal Board. Of the nonprecedential opinions, two were appealed from the Court of Appeals for Veterans Claims, while one was appealed from a district court in a false advertising case. Here are the introductions to the opinions and a link to the dismissals.

Late Friday, the Federal Circuit released a nonprecedential order dismissing an appeal. This morning, the Federal Circuit released two precedential opinions, nine nonprecedential opinions, and four Rule 36 judgments. The precedential opinions come in a patent case and a case involving a claim under the Public Safety Officers’ Benefits Act of 1976. The nonprecedential opinions come in various patent, veterans, and federal personnel cases. Here are the introductions to the opinions and links to the judgments and dismissals.