FedCircuitBlog

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 an opinion in a tax case addressing subject matter jurisdiction and “duly filed” requirements, a new patent case about prosecution laches that attracted an amicus brief, and an upcoming oral argument in a case appealed from the Patent Trial and Appeal Board. Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to the Supreme Court’s October 2021 term, the Court granted certiorari in a veterans case. The Court also requested the Solicitor General to file a brief expressing the views of the United States in a patent case. No new petitions were filed, but one amicus brief was submitted in support of a petition in a patent case and a waiver of right to respond was filed in a pro se case. Additionally, the Court denied four petitions: two in patent cases and two in pro se cases. Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to the Supreme Court’s October 2021 term, since our last update the Court has not granted certiorari in any cases decided by the Federal Circuit. Three new petitions, however, have been filed with the Supreme Court: two in patent cases and one in a pro se case. Moreover, nine amicus briefs across three cases have been filed. Additionally, four waivers of right to respond, two briefs in opposition, and three replies have been filed. Here are the details.

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

• an article detailing how “[a] South Korean nutritional supplement company correctly lost its BF-7 trademark registration”;
• another article explaining how “[t]he Federal Circuit has refused to revive Polycom Inc.’s attempt to undo part of a Patent Trial and Appeal Board decision”;
• a blog post assessing how “‘[a]n abstract idea can generally be described at different levels of abstraction’”; and
• yet another article discussing how the Federal Circuit has recently provided “an important new data point in the evolving timeliness rules for bid protests filed with the Court of Federal Claims.”

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to the Supreme Court’s October 2021 term, the Court still has not granted any petitions in cases decided by the Federal Circuit. Since our last report, however, ten new petitions have been filed in patent, government contract, veterans, and pro se cases; briefs in opposition have been filed in three patent and veterans cases; replies in support of petitions have been filed in three patent cases; the Court requested a response to a petition in a patent case; and the Court denied petitions in three patent, trademark, and pro se cases. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received two new petitions raising questions related to patent eligibility and the Appointments Clause. The court also invited a response to a petition that raised questions related to the notice required to collect damages for infringement. Finally, the court denied a petition raising questions related to the assignment of patents. Here are the details.

This morning the Federal Circuit issued a nonprecedential opinion reviewing a judgment of the District of Delaware holding patent claims invalid for lack of eligibility. The Federal Circuit also issued four nonprecedential orders. The first order dismisses a petition for a writ of mandamus after notification by the parties that mandamus relief is no longer necessary. The other three orders all grant petitions for writs of mandamus directing the the Western District of Texas to transfer patent cases to the Northern District of California. Finally, the court issued two Rule 36 judgments. Here are the introductions to the opinions and orders and links to the Rule 36 judgments.

This morning the Federal Circuit issued a precedential opinion in a patent case appealed from the Patent Trial and Appeal Board and two nonprecedential opinions in employment cases appealed from the Merit Systems Protection Board. The court also issued two nonprecedential orders. In the first order, the court denied a petition for a writ of mandamus seeking to vacate an order transferring a patent case from the District of Colorado to the Western District of Texas. In the second order, the court granted a petition for a writ of mandamus directing the Western District of Texas to transfer a patent case. Finally, the Federal Circuit released three Rule 36 judgments. Here are the introductions to the opinions and orders and links to the Rule 36 judgments.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to the Supreme Court’s October 2021 term, since our last update the Court has not granted any petitions in cases decided by the Federal Circuit. Additionally, since our last update no new petitions have been filed with the Court. As for previously filed petitions, however, in three patent cases four briefs in opposition were filed. In addition, the Court denied a petition in another patent case. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received two new petitions, one raising a question related to comparable licenses and royalty calculations and another raising a question related to the written description requirement. The court received three more amicus briefs in support of rehearing en banc in a case that raises questions concerning the inducement doctrine’s interaction with the Hatch-Waxman amendments. Finally, the court denied three petitions for rehearing en banc, one raising a question related to writs of mandamus and two raising the same questions related to patent eligibility. Here are the details.