FedCircuitBlog

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, the respondent’s merits brief was filed in Feliciano v. Department of Transportation. While no new petitions were filed, a waiver of the right to respond was filed in a pro se case. In addition, the Court denied the petitions in six patent cases, one takings case, and three pro se cases. 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 two cases pending at the Supreme Court that were previously decided by the Federal Circuit, merits briefs and amicus briefs were filed. With respect to petitions, five new petitions were filed, three briefs in opposition to petitions were filed, two new waivers of the right to respond were filed, and one new amicus brief was filed. Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respecct to granted cases, we are still waiting on the Supreme Court to issue opinions in one case. With respect to petitions, one new petition was filed with the Court in a patent case, three new waivers of the right to respond were filed in another patent case, and the Court denied a petition in a case raising questions related to design patent law. 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 Federal Circuit’s ruling in In re Chestek PLLC that the “US Patent and Trademark Office’s process for making a rule that US applications must disclose a US domicile address . . . didn’t violate federal law”; and
• an article noting how the Federal Circuit judges “split on [the] indefiniteness analysis for [an] identity theft patent.”

This week the Federal Circuit issued its opinion in In re Chestek PLLC, a trademark case we have been following because it attracted an amicus brief. In this case, the Federal Circuit reviewed the Trademark Trial and Appeal Board’s rejection of Chestek’s trademark application based on non-compliance with the domicile address disclosure requirement. In an opinion by Judge Lourie joined by Judges Chen and Stoll, the Federal Circuit upheld the rejection of Chestek’s trademark application. In particular, the court found the “USPTO’s decision to require the address provided by all applicants to be a domicile address was . . . not arbitrary or capricious for failure to provide a reasoned justification.” This is our summary of the opinion.

This morning, the Federal Circuit released one precedential opinion, one nonprecedential opinion, and three Rule 36 summary affirmances. The precedential opinion addresses an appeal from a judgment of the Trademark Trial and Appeal Board, which affirmed an examiner’s refusal to register a mark for failure to comply with the domicile address requirement. The nonprecedential opinion dismisses an appeal from a judgment of the Court of Appeals for Veterans Claims. Here are the introductions to the opinions and links to the summary affirmances.

Here is an update on activity in cases pending before panels of the Federal Circuit where the cases involve at least one amicus brief. We keep track of these cases in the “Other Cases” section of our blog. Today with respect to these cases we highlight new briefing in a patent case and recent oral arguments in a trademark case, a veterans case, and a takings case. Here are the details.

Earlier this month, the Federal Circuit heard oral argument in In re Chestek PLLC. In this case, the Federal Circuit is reviewing the Trademark Trial and Appeal Board’s rejection of Chestek’s trademark application based on non-compliance with the domicile address disclosure requirement. Judges Lourie, Chen, and Stoll heard the argument. This is our argument recap. 

As we mentioned yesterday, three cases being argued in December at the Federal Circuit attracted amicus briefs. One of those cases is In re Chestek PLLC. In this case, the Federal Circuit will review a judgment of the Trademark Trial and Appeal Board rejecting Chestek’s trademark application. The Board based on its judgment on non-compliance with the domicile address disclosure requirement. This is our argument preview.