FedCircuitBlog

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Since our last update, three response briefs have been filed by parties opposing President Trump’s tariffs along with two amicus briefs in favor of the Federal Circuit’s judgment. Three new petitions have also been filed: one comes in a trademark case, another comes in a case addressing claims under the Quiet Title Act, and the third comes in a military disability retirement benefits case. Two waivers of the right to respond to petitions were filed in the same patent case, along with two amicus briefs favoring review. Two reply briefs were filed in another patent case. Finally, the Supreme Court rejected three petitions, one in a patent case and two in pro se cases. Here are the details.

This morning, the Federal Circuit released one nonprecedential opinion, two nonprecedential orders, and five Rule 36 judgments. The opinion comes in a pro se appeal of a final order of the Merit Systems Protection Board. Both orders are dismissals of appeals. Here is the introduction to the opinion and links to the dismissals and Rule 36 judgments.

This morning, the Federal Circuit released a precedential opinion in a patent case appealed from the District of Delaware and a nonprecedential opinion in another patent case appealed from the Southern District of California. The Federal Circuit also released an errata in a patent case decided in late July and a nonprecedential order dismissing an appeal. Here are the introductions to the opinions and links to the errata and dismissal.

Here is an 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 two new opinions, one in a patent infringement case and one in a takings case. We also highlight two recent oral arguments in two patent cases, a new reply brief filed in another patent case, and a new amicus brief in another patent case. Here are the details.

Late yesterday, the Federal Circuit released a nonprecedential order dismissing an appeal from the Patent Trial and Appeal Board. This morning, the court released three nonprecedential opinions in three other patent cases appealed from the PTAB. The Federal Circuit also released a Rule 36 summary affirmance in another patent case and two additional nonprecedential orders dismissing appeals. Here are the introductions to the opinions and links to the Rule 36 judgment and dismissals.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Since our last update, a new petition was filed in a pro se case involving a former patent examiner. Also, responses were requested in two patent cases both presenting the same question related to the authority of the Patent and Trademark Office to conduct administrative adjudications. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit. Tomorrow the court will hear oral argument in an en banc case challenging President Trump’s tariffs. Also, since our last update, the court received one new amicus brief in a design patent case, and it denied two petitions for en banc review in two utility 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 response brief in President Trump’s appeal challenging judgments and injunctions entered by the Court of International Trade in cases related to his tariffs. Additionally, the Federal Circuit received two new responses to petitions for en banc review filed in patent cases along with two new amicus briefs in a patent case and a takings case. Finally, the court recently denied one petition for en banc review in a patent case. Here are the details.

Earlier this month, the Federal Circuit heard oral arguments in Apple Inc. v. International Trade Commission, a patent case we have been following because it attracted several amicus briefs. In this case, Apple appealed 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. Judges Lourie, Reyna, and Stark heard the oral arguments. This is our argument recap.

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, one new petition was filed asking the Court to consider whether a district court’s actions in substantially reducing the time to trial violated the petitioner’s right to due process. In that same case, a waiver of the right to respond was filed. Waivers of the right to respond were also filed in three other cases. Here are the details.