Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. As for granted cases, we are still waiting for the Court to issue opinions in the two pending patent cases. As for petitions, a new petition was filed in a pro se veterans case; five petitioners filed reply briefs in cases presenting questions related to Tucker Act, patent, and takings law; one petitioner filed a motion to dismiss in a patent case; and the Court denied five petitions in cases involving patent, contracts, and veterans law.

Here are the details.

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Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit.

  • The Court invited the Acting Solicitor General to file a brief in American Axle & Manufacturing, Inc. v. Neapco Holdings LLC, a patent case presenting questions related to eligibility.
  • Five new petitions were filed in patent, veterans, Tucker Act, and trademark cases.
  • Seventeen new briefs in opposition were filed in sixteen cases.
  • Five new reply briefs were filed.
  • One supplemental brief was filed.
  • One amicus brief was filed in a patent case.
  • Five waivers of right to respond were submitted.
  • The Court denied eight petitions.

Here are the details.

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En Banc Activity

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include new petitions in two cases raising questions related to the presumption of validity, motions for attorneys fees, and the propriety of Rule 36 judgments in cases appealed from the U.S. Patent and Trademark Office; a new response to a petition raising a question related to patent eligibility; a new amicus brief in a case raising questions related to venue and Hatch-Waxman; and the denial of a petition in a pro se case. Here are the details.

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En Banc Activity

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. Telephonic oral argument was scheduled in the veterans case pending before the en banc court. As for petitions in patent cases, highlights include two new petitions raising questions related to transfer of venue and eligible subject matter; a new invitation to respond to a petition raising a question related to venue in the context of Hatch-Waxman; and three amicus briefs filed in support of a petitioner in a pro se case. Here are the details.

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Opinions

Opinions & Orders – November 25, 2020

This morning the Federal Circuit issued six opinions and orders:

  • a precedential opinion in a patent case affirming a holding of obviousness by the Patent Trial and Appeal Board,
  • a nonprecedential opinion in another patent case affirming a holding of nonobviousness by the Patent Trial and Appeal Board,
  • a nonprecedential opinion in a third patent case affirming a district court’s dismissal due to ineligibility, and
  • three nonprecedential orders denying or dismissing petitions for writs of mandamus.

Here are the introductions to the opinions and excerpts from the orders.

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En Banc Activity

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. As for granted petitions, a new brief was filed in one of the two pending veterans cases. As for pending petitions, highlights include two new petitions, one in a patent case raising questions related to claim construction and one in a pro se case; and the denial of four petitions in patent cases raising questions related to obviousness, prosecution history estoppel, vitiation, reasonable royalties, and sanctions. Here are the details.

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