FedCircuitBlog

This morning the Federal Circuit released one precedential opinion, four nonprecedential opinions, and two summary affirmances. The precedential opinion reverses and remands a judgment of the Court of Federal Claims in a case involving an application for attorneys’ fees under the Equal Access to Justice Act. Two of the nonprecedential opinions affirm the Merit Systems Protection Board, another dismisses an appeal from a judgment of the Court of Appeals for Veterans Claims, and the fourth affirms an anti-filing injunction entered by the District of Delaware in a patent case. The Federal Circuit also released two nonprecedential orders summarily affirming under Rule 36. Here are the introductions to the opinions and links to the orders.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, the Supreme Court heard arguments this week in Arellano v. McDonough, a veterans case. With respect to petitions, two new petitions were filed with the Court in a patent case and a pro se case; the government waived its right to respond to a petition filed in a pro se case; the Court invited the Solicitor General to file briefs expressing the views of the United States in two patent cases related to so-called skinny labelling and eligibility, respectively; a supplemental brief was filed in a patent case raising questions related to patent law’s enablement requirement; a reply brief was submitted in a veterans case addressing the standard of proof governing rejection of disability claims; and, finally, the Court denied more than 20 petitions. 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 granted cases, since our last update there is no new activity to report. With respect to petitions, one new petition was filed with the Court by a pro se petitioner, and a brief in opposition was submitted in a patent case related to the written description requirement. Here are the details.

This morning the Federal Circuit released two precedential opinions. The first comes in a trademark case appealed from the Trademark Trial and Appeal Board; the second comes in a patent case appealed from the Patent Trial and Appeal Board. Late yesterday and this morning the Federal Circuit also released three nonprecedential orders. One dismisses an appeal for lack of jurisdiction, subject to reinstatement; one dismisses an appeal for failure to prosecute; and one grants a voluntary motion to dismiss. Here are the introductions to the opinions and links to the dismissals.

This morning the Federal Circuit issued a nonprecedential order dismissing both a petition for an interlocutory appeal and an appeal. The court also issued a nonprecedential order denying a petition for a writ of mandamus related to transfer as moot. Here is text from the orders.

This morning, the Federal Circuit issued a nonprecedential opinion in a veterans case and a nonprecedential order denying a petition for an interlocutory appeal. The court also issued two Rule 36 judgments. Here is the introduction to the opinion, text from the order, and links to the Rule 36 judgments.

This morning, the Federal Circuit issued precedential opinions in two patent cases, the first addressing infringement, enablement, damages, and willfulness, and the second addressing sanctions. The court also issued a nonprecedential opinion in another patent case, this opinion addressing motions to exclude expert testimony. Here are the introductions to the opinions.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include new petitions in two cases raising questions related to the presumption of validity, motions for attorneys fees, and the propriety of Rule 36 judgments in cases appealed from the U.S. Patent and Trademark Office; a new response to a petition raising a question related to patent eligibility; a new amicus brief in a case raising questions related to venue and Hatch-Waxman; and the denial of a petition in a pro se case. Here are the details.

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.

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.