FedCircuitBlog

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. With respect to petitions, two new petitions were filed with the Court in a veterans case and a pro se case; the Court invited the Solicitor General to file a brief expressing the views of the United States in a case raising a question concerning patent eligibility; and three amicus briefs were filed in support of a petition raising a question related to judicial disqualification. 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, the Supreme Court heard arguments last week in Arellano v. McDonough, a veterans case. With respect to petitions, one new petition was filed with the Court in a pro se case; the California Institute of Technology waived its right to respond in a patent case; the government filed its brief in opposition in a takings case; three amicus brief were filed, two in a patent case and one in a case concerning judicial disqualification; and, finally, the Court denied a petition in a challenge to a decision of the Merit Systems Protection Board. 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, two new petitions were filed with the Court in a veterans case and a case raising a question concerning judicial disqualification; a brief in opposition was submitted in another veterans case addressing the standard of proof governing rejection of disability claims; the government waived its right to respond in a Merit Systems Protection Board case; and one reply brief was submitted in a patent case raising a question related to patent eligibility. Here are the details.

Here is this month’s 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 two opinions, one in patent case and one in a takings case; one new trade case; three oral argument recaps, two in to patent cases and one in a takings case; and two upcoming oral arguments. 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 “[a]n unusual Federal Circuit decision has given generic drugmakers a new way to successfully challenge pharmaceutical patents with specific types of claims”;
• another article explaining how “the broader context of [Thaler v. Vidal] can provide strategic guidance for future AI litigation matters”; and
• a third article highlighting how the Federal Circuit recently reversed a “$2.75 [billion] damages award because [the] judge’s wife owned stock.”

This morning the Federal Circuit released a precedential opinion in a patent case appealed from the Eastern District of Virginia, reversing in part, vacating in part, and remanding the case based on disqualification of the district court judge. Here is the introduction to the opinion.

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 filed his opening merits brief in Arellano v. McDonough, a case that raises questions regarding equitable tolling and retroactive disability benefits. As for cases with pending petitions, one new petition was filed in a veterans case; following a Supreme Court request in January, the government submitted the view of the United States in a patent case that raises a question related to the intersection of the Seventh Amendment and claim construction on appeal; and a brief in opposition was filed in an employment case concerning differential pay for federal employees serving on active duty. Finally, the Court denied petitions in three patent cases.

Last month, the court heard oral argument in Centripetal Networks, Inc. v. Cisco Systems, Inc., in which Cisco appeals a finding that it infringed four patents held by Centripetal Networks, resulting in a judgement of over $2.75 billion. An amicus brief was filed by High Tech Inventors Alliance in support of Cisco. Before oral argument, the Federal Circuit issued an order limiting the scope of the oral argument to “the question whether the judgment should be vacated because the district court judge was required to recuse himself from the matter under 28 U.S.C. § 455.” Judges Dyk, Taranto, and Cunningham heard the argument. This is our argument recap.

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 George v. McDonough, a case addressing veterans law. While no new petitions have been filed, the Court invited the Solicitor General to file a brief expressing the views of the United States in a case concerning patent law’s enablement requirement. Additionally, two waivers of right to respond and a reply brief were filed in other patent cases. Moreover, two amicus briefs were submitted this past week: one in a patent case raising questions related to enhanced damages and one in a veterans case involving the Equal Access to Justice Act. Finally, the Court denied certiorari in two cases brought by pro se petitioners. Here are the details.

This week is Court Week at the Federal Circuit, with hearings starting today. The Federal Circuit is providing access to live audio of each panel scheduled for argument via the Federal Circuit’s YouTube channel. In total, including a case set to be argued in two weeks, the court will convene 12 panels to consider about 58 cases. Of these 58 cases, the court will hear oral arguments in 41. Of these argued cases, three attracted amicus briefs: one patent case, one military records case, and one veterans case. Here’s what you need to know about these three cases.