FedCircuitBlog

This morning the Federal Circuit released a precedential opinion in a patent case appealed from the District of Delaware. In it, the Federal Circuit affirmed the district court’s holding that specific patent claims are unpatentable as obvious, the sale of a generic product would not induce infringement of the patents, and the sale of the generic product would not directly infringe other patents. Notably, Judge Newman dissented without opinion. The Federal Circuit also released two nonprecedential orders. One transfers an appeal to the Northern District of Georgia, and one denies a motion to dismiss and instead transfers an appeal to the Northern District of Ohio. Here is the introduction to the opinion and text from the orders.

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 in a trade case and a patent case, and one petition was denied in a pro se case. Here are the details. 

This morning the Federal Circuit released a nonprecedential opinion in a patent case appealed from the Patent Trial and Appeal Board. Late yesterday and this morning, the Federal Circuit also released two nonprecedential orders. One dismisses an appeal, and one transfers an appeal to the Western District of New York. Here is the introduction to the opinion, text from the order, and a link to the dismissal.

This morning the Federal Circuit released two precedential opinions. The first comes in a patent case appealed from the District of Massachusetts. In this opinion, the Federal Circuit affirms the district court’s preliminary injunction order. The second comes in a case appealed from the Merit Systems Protection Board. In this opinion, the Federal Circuit affirms the Board’s removal of an employee of the Department of Defense. The Federal Circuit also released three nonprecedential opinions. The first and second come in veterans cases appealed from the Court of Appeals for Veterans Claims, and the third comes in a case appealed from the Merit Systems Protection Board. Finally, the Federal Circuit released a Rule 36 judgment and two nonprecedential orders. One of these orders summarily affirms, and one dismisses an appeal. Here are the introductions to the opinions, text from the summary affirmance, and links to the dismissal and Rule 36 judgment.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Last Friday, the Court granted the petition for certiorari in Amgen Inc. v. Sanofi, Aventisub LLC, a patent case regarding the enablement requirement. In addition, one new petition was filed with the Court in a pro se case; the government waived its right to respond in two other pro se cases; and the Court denied two petitions: one in a veterans case and one in a patent case. Notably, Justice Gorsuch filed an opinion dissenting from the decision to deny review in the veterans case. Here are the details.

This morning the Federal Circuit released a precedential opinion in a patent case appealed from the Southern District of California. In its opinion, the Federal Circuit reversed a district court’s claim construction, vacated its grant of summary judgment, and remanded the case. The Federal Circuit also released five nonprecedential orders late yesterday and this morning. Three grant motions to voluntarily dismiss appeals, and two dismiss appeals for failure to prosecute. Here is the introduction to the opinion and links to the dismissals.

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.

This morning the Federal Circuit released two nonprecedential opinions in cases appealed from the Merit Systems Protection Board. Here are the introductions to the opinions.  

Today the Federal Circuit released two nonprecedential opinions. One came in an employment case appealed from the Merit Systems Protection Board. The other came in an appeal from the Court of Federal Claims, which had dismissed a complaint for lack of subject-matter jurisdiction. The court also dismissed an appeal. Here are the introductions to the opinions and a link to the dismissal.

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 the Patent Office “let’s women shine in court while Big Law sends men,”
• commentary on a Federal Circuit decision addressing the timeline limitations on interlocutory appeals,
• a blog post discussing a transition in the position of the Deputy Director of the USPTO, and
• an article highlighting a Federal Circuit case that may determine an Appointments Clause challenge to the members of the Merit Systems Protection Board.