FedCircuitBlog

This morning the Federal Circuit released a nonprecedential opinion in a takings case appealed from the Southern District of Illinois. The Federal Circuit also released a nonprecedential order granting an unopposed motion to voluntarily dismiss appeals. Here is the introduction to the opinion and a link to the dismissal.

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, there is no new activity to report since our last update. With respect to petitions, a brief in opposition and a reply brief were submitted in two patent cases raising questions related to patent law’s written description requirement. The government also waived its right to respond to a petition filed in a tax case. 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.

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

• an article discussing how, ”[i]f cert is granted, this [patent] case will ask the nation’s highest court to clarify the written description requirement under 35 U.S.C. § 112”;
• another article highlighting how the Federal Circuit recently ruled that inventions were unpatentable “[b]ecause the ‘patents are directed to a natural law together with conventional steps to detect or quantify the manifestation of that law’”; and
• a third article addressing how “[t]he Federal Circuit upheld a lower court’s decision backing a jury’s noninfringement finding in a patent suit against Amazon over diaper-monitoring technology.”

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With regard to granted cases, the Secretary of Veterans Affairs filed its merits brief in Arellano v. McDonough. With respect to petitions, four new petitions were filed with the Court, one in a patent case, one in a case addressing the jurisdiction of the Federal Circuit, and two in pro se cases; seven amicus briefs were filed in support of the petitions in two patent cases addressing the written description requirement; and the Court dismissed a petition in another pro se case. 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 discussing the top patent cases to watch in the second half of 2022;
• another article highlighting how a petition for a writ of certiorari claimed that a Federal Circuit decision “would upend the legal rules governing the modern prescription-drug marketplace”; and
• a third article urging that the question of whether artificial intelligence can be an inventor under patent law “is one for Congress, not the courts, to address.”

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, there is no new activity to report since our last update. With respect to petition cases, four new petitions were filed with the Court in two patent cases, a takings case, and a pro se case; reply briefs in support of petitions were submitted in a patent case and a case involving application of the Equal Access to Justice Act; and an amicus brief was filed in 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’s report highlights:

• a blog post examining how “opinions in regular [Federal Circuit] appeals are more than twice as likely to be precedential than orders” on petitions for mandamus related to venue;
• an article discussing how “the Federal Circuit over the past decade has adopted more stringent standards for meeting the [Patent Act’s] dictates that patents provide a clear written description, and enable others to understand the invention”; and
• another article discussing how, after the Supreme Court’s recent denial of certiorari in American Axle & Manufacturing, Inc. v. Neapco Holdings LLC, “[p]atent eligibility in America is a train wreck.”

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, the Court set a date for oral argument in Arellano v. McDonough, a veterans case raising questions about equitable tolling of a veterans benefits filing deadline. With respect to petition cases, two new petitions were filed in patent cases; a waiver of right to respond was filed in a veterans case; three amicus briefs were filed in another veterans case; and the Court denied two petitions, one in a patent case and one in a federal employment case. Here are the details.