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. Furthermore, no new petitions have been filed. That said, the government filed two waivers of right to respond; a petitioner filed a reply in a case raising a question related to the jurisdiction of the Court of Federal Claims; and the Court denied certiorari in five cases: two in cases appealed from the Merit Systems Protection Board, one in a trade case, one in a patent case, and one in a case filed by a pro se petitioner. 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, six amicus briefs were filed in George v. McDonough, a case raising a question related to clear and unmistakable error in the context of review of denials of veterans’ claims for benefits. As for still-pending petitions, one new petition was filed by a pro se petitioner; two amicus briefs were filed in a case related to patent eligibility, including a brief filed by a former Federal Circuit judge; and two reply briefs were filed: one in a veterans case and one in a trade case. Finally, four waivers of right to respond were filed and the Court denied a petition in a case concerning patent eligibility. Here are the details.
Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. This week the Court granted certiorari in a veterans case that raises questions regarding equitable tolling and retroactive disability benefits. The Court also requested the Solicitor General file a brief expressing the views of the United States in a patent case raising a question regarding standing to challenge the validity of patents. Additionally, three new petitions were filed with the Court: two in cases appealing decisions from the Merit Systems Protection Board and one in a patent case. Moreover, one amicus brief was submitted in a patent case; three briefs in opposition were filed in trade, employment, and veterans cases; one waiver of right to respond was filed in a patent case; three petitions were denied; and one petition was dismissed. Here are the details.
Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received three new petitions raising questions related to tolling for post-trial motions, the Federal Circuit’s reversal of a judgment in an inter partes review proceeding based on a teaching away finding, and a denial of a petition for a writ of mandamus seeking to order transfer. The court also invited a response to a petition concerning deference to the Patent Trial and Appeal Board. Lastly, the court denied petitions in two cases relating to transfer and the standard for review for petitions for writs of mandamus and a third case relating to patent eligibility. Here are the details.
Senate Confirms Tiffany P. Cunningham, First Black Circuit Court Judge to the U.S. Court of Appeals for the Federal Circuit – On BlackEnterprise.com, Andrea Blackstone reports on Tiffany Cunningham’s Senate confirmation and classifies it as a “historic moment . . . in the America judicial system.”
Thoughts on Tiffany Cunningham’s Confirmation to the CAFC – Eileen McDermott reports on what Tiffany Cunningham’s appointment “might mean for the [Federal Circuit] long term.”
They Patented a Better SandBox — Obviousness IPRs – Dennis Crouch reports the Federal Circuit decision in Oren Tech v. Proppant Express, where the court rejected “a PTAB IPR decision because the precise obviousness argument regarding a functional limitation was not expressly stated. . . [and has] another go-round with the PTAB failing to consider commercial success.”
Fed Circ Revives Chemours Polymer Patents, Reverses PTAB Ruling – On Reuters.com, Blake Brittain reports on Chemours Company FC LLC v. Daikin Industries Ltd., where “Daikin challenged patent validity based on earlier invention.”
This morning the Federal Circuit issued a precedential opinion reversing the Patent Trial and Appeal Board in a patent case over a partial dissent by Judge Dyk. The court also issued a nonprecedential opinion affirming a decision by the United States Court of Federal Claims in a tax case. Here are the introductions to the opinions.
This morning, the Federal Circuit issued a nonprecedential opinion in a patent case appealed from the Patent Trial and Appeal Board, a nonprecedential errata, and a Rule 36 judgment. Here is the introduction to the opinion, the text of the errata, and a link to the Rule 36 judgment.