Court Week

Court Week – What You Need to Know

This week is Court Week at the Federal Circuit.  As in the past several months, the court will hear all of its oral arguments telephonically given the coronavirus pandemic. The court will convene 14 panels to consider about 66 cases. Of these 66 cases, the court will hear oral arguments in 34. Of the argued cases, only one–Arellano v. Tran, an en banc veterans case–attracted amicus briefs. Here’s what you need to know about this case.

Read More
En Banc Activity

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. Telephonic oral argument is scheduled next week in an en banc veterans case, Arellano v. Wilkie. As for patent cases, petitions were filed in four cases raising questions related to an award of attorney’s fees, eligible subject matter, deference to findings of the Patent Trial and Appeal Board, and standing. In addition, a new response was filed arguing against the grant of a petition raising questions related to injunctive relief. Here are the details.

Read More
Argument Preview / En Banc Activity

Argument Preview – Arellano v. Wilkie

Next week, in an en banc session of the court, the Federal Circuit will hear arguments in Arellano v. Wilkie. In this veterans case, the court will consider the availability of equitable tolling in the context of disability benefits based on applications filed within one year from the date of the veteran’s discharge or release. In particular, the court will consider three related questions: (1) whether a presumption in favor of equitable tolling applies to 38 U.S.C. § 5110(b)(1), which relates to disability benefits; (2) if a presumption did apply, whether it would be rebutted by evidence that Congress did not intend an implicit exception for equitable tolling to be read into 38 U.S.C. § 5110; and (3) if the court were to hold that a presumption applies to section 5110(b)(1), whether that holding would result in the application of the same presumption to other provisions of 38 U.S.C. § 5110. This is our argument preview.

Read More
En Banc Activity

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. The court scheduled oral argument in a en banc veterans case. We will post an argument preview prior to the oral argument. Highlights in pending en banc petitions in patent cases include a new petition raising questions related to enablement and claim construction; a petition and an invitation for response in a case raising a question related to injunctive relief; a response to a petition raising a question related to venue in the context of Hatch-Waxman; and denials of four petitions raising questions related to intervention in inter partes review, claim construction, and due process. Here are the details.

Read More
En Banc Activity

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. Telephonic oral argument was scheduled in the veterans case pending before the en banc court. As for petitions in patent cases, highlights include two new petitions raising questions related to transfer of venue and eligible subject matter; a new invitation to respond to a petition raising a question related to venue in the context of Hatch-Waxman; and three amicus briefs filed in support of a petitioner in a pro se case. Here are the details.

Read More
En Banc Activity

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. As for granted petitions, a new brief was filed in one of the two pending veterans cases. As for pending petitions, highlights include two new petitions, one in a patent case raising questions related to claim construction and one in a pro se case; and the denial of four petitions in patent cases raising questions related to obviousness, prosecution history estoppel, vitiation, reasonable royalties, and sanctions. Here are the details.

Read More
En Banc Activity

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. In one of the two pending en banc veterans cases, the Court invited the National Organization of Veterans Advocates to file an amended petition. In the other case, two amicus briefs were filed. With respect to petitions for en banc rehearing in patent cases, highlights include a new invitation to respond to a petition raising questions related to literal infringement and claim construction; a new amicus brief filed in a case raising questions related to prosecution history estoppel, vitiation, and reasonable royalties; and the denial of two petitions in cases raising questions related to patent marking, expert testimony, willful infringement, and inventorship. Here are the details.

Read More
En Banc Activity

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. The en banc court heard oral argument in a veterans case last week. As for petitions for en banc consideration in patent cases, a new petition was filed in a case raising questions related to literal infringement and claim construction; the court invited a response to a petition raising a question related to sanctions; and the court denied two petitions, one in a pro se case and one raising a question related to non-obviousness. Here are the details.

Read More
En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. Supplemental briefs were filed in both en banc veterans cases pending before the court, and an amicus brief was filed in one of the cases. As for petitions for en banc rehearing in patent cases, highlights include new petitions filed in two cases raising questions related to issue and claim preclusion, jurisdiction in inter partes review proceedings, and alleged due process and takings violations in an inter partes review, as well as a response to a petition that raised a question related to patent law’s non-obviousness requirement. Here are the details.

Read More
En Banc Activity

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. In one of the two pending en banc cases addressing veterans law, the court requested the parties file supplemental briefs to address concerns with Article III standing. Other updates include new petitions raising questions related to patent marking, expert testimony, willful infringement, and sanctions; a new invitation to respond to a petition raising a question related to remedies; a new amicus brief in a case raising a question related to double-patenting; and the denial of two petitions raising questions related to patent eligibility and claim construction. Here are the details.

Read More