FedCircuitBlog

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update, one new petition for en banc rehearing was filed in a patent case raising questions related to eligibility. One new response was filed in response to a petition raising a question related to unfair competition claims. Finally, the Federal Circuit denied two petitions for en banc rehearing that raised questions related to the written description requirement and venue, respectively. Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. As for pending cases, since our last update the Supreme Court affirmed the Federal Circuit in President Trump’s tariffs case; a petitioner filed its opening merits brief in a patent case; and an amicus brief supporting the petitioner was filed in the same patent case. As for pending petitions, since our last update one new petition was filed in a patent case; a waiver of the right to respond to a petition was filed in a pro se case; a brief in opposition to a petition was filed in a patent case; a reply brief in support of a petition was filed in a patent case; six amicus briefs supporting the petitioner were filed in a takings case; and the Supreme Court denied petitions in two patent cases 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. Since our last update, the Supreme Court set a date for oral argument in a patent case; a new petition was filed in a patent case addressing expert witness testimony and the standard for granting judgment as a matter of law; a waiver of the right to respond to a petition was filed; a reply brief was filed in support of a petition in a takings case; and an amicus brief was filed in a patent case addressing appellate procedure. Here are the details.

Here is an update on activity in cases pending before panels of the Federal Circuit where the cases have attracted 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 three recent opinions, four recent orders, and one new case. Here are the details.

Last month, the Federal Circuit issued a per curiam order in In re Comcast Cable Communications, LLC, a patent case we have been following because it attracted an amicus brief. In this case a petition for a writ of mandamus presented a question whether venue is proper when a patent owner fails to establish that every step of a patented method was performed in a judicial district. In a order authored per curiam, Judges Prost, Chen, and Hughes denied the petition. Here is a summary of the order.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update, one new petition for en banc rehearing has been filed, raising a question related to the court’s ability to decide the adequacy of written description without deferring to a jury’s verdict; one new amicus brief was filed in support of a petition that raised a question related to venue; and, finally, the court denied two petitions for en banc rehearing one in a pro se case and the other that raised questions related to what qualifies as prior art and the Administrative Procedure Act. Here are the details.  

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Since our last update, the Supreme Court granted a petition to review the Federal Circuit’s decision in a patent case addressing so-called skinny labeling and inducement of patent Infringement. A new petition was filed in a patent case addressing eligibility. Waivers of the right to respond to petitions were filed in the same case addressing eligibility and another patent case addressing appellate procedure. And, finally, an amicus brief was filed in veterans disability benefits case. Here are the details.

Here is an update on activity in cases pending before panels of the Federal Circuit where the cases have attracted 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 one recent opinion, two recent orders, and five new cases. Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Since our last update, there has been no new activity at the Supreme Court in the only pending case decided by the Federal Circuit. As for petitions, a new petition was filed in a patent case addressing appellate procedure; waivers of the right to respond to petitions were filed in a patent case and five pro se cases; a reply brief in support of a petition was filed in a veterans case; and the Supreme Court denied petitions in ten cases. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update, one new petition for en banc rehearing has been filed, raising a question related to venue for patent infringement claims; the Federal Circuit also invited a response to this petition; and another response was filed in another patent case raising questions related to prior art and the Administrative Procedure Act. Here are the details.