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 last week in Rudisill v. McDonough, a veterans case. With respect to petitions, two new petitions were filed with the Court in two patent cases raising questions related to the Federal Circuit’s practice of reversing agency decisions and patent eligibility. Two waivers of right to respond were filed, one in the patent case raising the question about reversing agency decisions and one in a pro se case. A brief in opposition was filed in a patent case addressing the ability to review determinations whether to institute inter partes review proceedings. An amicus brief was filed in a veterans case. And, finally, the Court denied a petition in a patent case. Here are the details.
Recent News on the Federal Circuit
Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:
- an article about how the “Federal Circuit . . . backed a pair of Patent Trial and Appeal Board decisions that said Netflix failed to prove that two streaming patents were invalid”; and
- an article discussing how “Google waived its right to respond to a petition for writ of certiorari . . . filed by the inventors of a method for protecting computers from malware.”
Recent Supreme Court Activity
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 will hear oral arguments next week in Vidal v. Elster, a trademark case. With respect to petitions, one new petition was filed with the Court in a patent case. Additionally, a waiver of right to respond was filed in the same patent case, and a reply brief was filed in support of a petition asking the Court to consider whether the deadline to file a petition to review a decision of the Merit Systems Protection Board is jurisdictional. Here are the details.
Recent En Banc Activity
Here is an update on recent en banc activity at the Federal Circuit. Since our last update, the court denied an en banc petition in a patent case. That’s it Here are the details.
Recent En Banc Activity
Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include a new petition presenting questions related to obviousness, a response brief addressing standards governing reissue, and denials of two petitions presenting questions related to definiteness and claim construction. Here are the details.
Recent En Banc Activity
Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include a new petition presenting questions related to patent reissue and the written description requirement; two new invitations for response to petitions presenting questions related to patent reissue, the written description requirement, and appellate jurisdiction; and denials of two petitions presenting questions related to the non-obviousness requirement and anticipation. Here are the details.
Opinions and Orders – April 18, 2023
This morning, the Federal Circuit released four nonprecedential opinions and an erratum. In the first opinion, the court dismissed an appeal from the Court of Appeals for Veterans Claims. In the second, the court affirmed a judgment of the Patent and Trial Appeal Board. In the third, the court reversed a judgment of no invalidity in a patent case appealed from the Eastern District of Texas. In the fourth, the Federal Circuit affirmed a judgment in a pro se case appealed from the Court of Federal Claims. Here are the introductions to the opinions and a link to the erratum.