FedCircuitBlog

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today we highlight:

• an article discussing how the Federal Circuit recently issued an opinion “affirming a ruling from the U.S. District Court for the Northern District of California that granted Google LLC and YouTube LLC judgment on the pleadings on patent ineligibility grounds”;
• an article reporting how the Federal Circuit recently held that the “Patent Trial and Appeal Board was right to fully invalidate a speech recognition patent that Apple stands accused of infringing”;
• an article noting how the Federal Circuit dismissed an appeal because “the 30-day deadline of 28 U.S.C. § 2107(a) for filing a notice of appeal is ‘mandatory and jurisdictional’ with no equitable exceptions”; and
• an article highlighting how the Federal Circuit recently “reversed the Merit Systems Protection Board’s dismissal” of a Presidential Innovation Fellow’s “whistleblower appeal . . . , finding he had made sufficient allegations of gross mismanagement to establish jurisdiction.”

This morning, the Federal Circuit released two nonprecedential opinions. Both come in patent cases, one appealed from the Northern District of California and one appealed from the Patent Trial and Appeal Board. Here are the introductions to the opinions.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. There are currently no cases pending before the Supreme Court that were previously decided by the Federal Circuit. As for pending petitions, since our last update, three new petitions were filed in two patent cases and a pro se case, and two briefs in opposition were filed in a government contract case and a patent case. Here are the details.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today we highlight:

• a report highlighting that the Federal Circuit “is writing more opinions . . . several years after it faced criticism from a group of patent lawyers and academics”;
• an article noting how the Federal Circuit “handed SpaceTime3D, Inc. mixed results in two nonprecedential decisions involving graphical user interface patents challenged by Apple and Google”; and
• a piece explaining how “two dozen states pushed the Federal Circuit . . . to revive their specific claims against now-expired temporary tariffs while simultaneously pushing the panel to otherwise back the U.S. Court of International Trade’s ruling that the tariffs were illegal.”

This morning, the Federal Circuit released five precedential opinions, three nonprecedential opinions, and one nonprecedential order. Two of the precedential opinions come in tax cases appealed from the Court of Federal Claims and address whether bilateral tax treaties relieve U.S. taxpayers from double taxation with respect to the net investment income tax. Two other precedential opinions come in patent cases, one appealed from the Eastern District of Texas and the other from the District of Delaware. The fifth precedential opinion comes in an appeal from a decision of the Merit Systems Protection Board. As for the nonprecedential opinions, two come in related patent cases appealed from the Patent Trial and Appeal Board involving the same parties, and the third comes in another patent case appealed from the Eastern District of Texas. The order dismisses an appeal from the Court of Federal Claims. Here are the introductions to the opinions and a link to the order.

Late yesterday, the Federal Circuit released four nonprecedential orders dismissing appeals. This morning, the court released three nonprecedential opinions and four nonprecedential orders. Two of the opinions come in related patent cases appealed from the Patent Trial and Appeal Board involving the same parties, Apple Inc. and Smart Mobile Technologies LLC. The other opinion comes in a veterans case appealed from the Court of Appeals for Veterans Claims. As for today’s orders, one dismisses an appeal from the Court of Federal Claims for lack of jurisdiction, one remands a patent case from the District of Delaware following the parties’ settlement, one dismisses appeals from the Patent Trial and Appeal Board by agreement of the parties, and one transfers a Merit Systems Protection Board petition to the Eastern District of Arkansas. Here are the introductions to the opinions as well as links to the orders.

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 a nonprecedential order dismissing a petition. This morning the court released three nonprecedential opinions and three nonprecedential orders. One of the nonprecedential opinions comes in a patent case appealed from the Patent Trial and Appeal Board, one comes in a case appealed from the Court of Appeals for Veterans Claims, and one comes in a patent case appealed from the Northern District of California. The three nonprecedential orders dismiss appeals. Here are the introductions to the opinions as well as links to the dismissals.

Here is an update on recent en banc activity at the Federal Circuit. Since our last update, three amicus briefs were filed in the only pending en banc case, which relates to the President’s Article II removal power. Three new petitions for en banc rehearing have been filed raising questions related to appellate procedure, the written description requirement, and claim construction. Finally, six petitions were denied in cases raising questions related to burden of proving unpatentability in inter partes review proceedings, obviousness, damages, appellate procedure, the domestic industry requirement, and objective indicia of nonobviousness. Here are the details. 

Late yesterday, the Federal Circuit released a nonprecedential order dismissing an appeal. This morning the court released seven nonprecedential opinions. Four come in patent cases appealed from the Patent Trial and Appeal Board; one comes in response to a petition for review of a final decision of the Merit Systems Protection Board; one comes in a patent case appealed from the Southern District of California; and one comes in a case appealed from the Court of Federal Claims. Here are the introductions to the opinions as well as a link to the dismissal.