Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, the petitioner submitted his opening merits brief in George v. McDonough, a case which raises a question related to clear and unmistakable error in the context of a denial of a veteran’s claim for benefits. With respect to petitions, three new petitions have been filed: one raising a question in a takings case and two filed by pro se petitioners. The government filed a brief in opposition in a case concerning a government contract. The government also filed waivers of right to respond in a case appealed from the Merit Systems Protection Board as well as in a case submitted by a pro se petitioner. Finally, the Court denied certiorari in a patent case as well as in two cases filed by pro se petitioners. 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 any new petitions. Three new petitions, however, have since been filed: two in patent cases and one filed by a pro se petitioner. Additionally, a waiver of right to respond to one of the three new petitions was filed, and a brief in opposition was filed in a case that raises a question regarding Article III standing in a series of patent appeals. Here are the details.
Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received a new petition raising questions related to writs of mandamus. The court invited a response to a petition that raised questions concerning the inducement doctrine’s interaction with the Hatch-Waxman amendments, and the court received two amicus briefs in support of this petition. Finally, the court denied a petition for rehearing en banc in a case that raised a question relating to the nexus requirement for secondary considerations of non-obviousness. Here are the details.
Here is an update on recent en banc activity at the Federal Circuit. In the only pending en banc case, a veterans case, a new brief was filed. As for requests for rehearing en banc, the court received a new petition raising a question relating to the nexus requirement for secondary considerations of non-obviousness in patent cases. The court also received an amicus brief supporting rehearing to address the court’s handling of petitions for writs of mandamus seeking transfer in patent cases. Finally, the court denied petitions for rehearing in two other patent cases. 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 report discussing the Federal Circuit’s refusal to consider a ruling addressing alleged venue manipulation;
- an article about a Federal Circuit opinion addressing alleged inequitable conduct in the procurement of a patent; and
- an article discussing difficulty in the application of the non-obviousness patentability requirement in the context of design patents.
This morning the Federal Circuit issued a precedential opinion in a patent case appealed from the Patent Trial and Appeal Board, two nonprecedential opinions in patent cases appealed from a district court and the Patent Trial and Appeal Board, and two nonprecedential orders dismissing petitions for writs of mandamus. Here are the introductions to the opinions and orders.
Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report covers an article on a recent petition for rehearing by Capital One Financial, a discussion of the Federal Circuit’s second decision in the past month involving Campbell Soup and Gamon Plus, and a comment on when judicial economy can lead to error.