FedCircuitBlog

This morning, the Federal Circuit released one precedential opinion, one nonprecedential opinion, one precedential order, and three nonprecedential orders. The precedential opinion addresses an appeal from judgments arising out of a bench trial in the Western District of Louisiana in a patent case.  The nonprecedential opinion affirms a decision by the Patent Trial and Appeal Board finding certain claims unpatentable for obviousness. The precedential order, which attracted amicus attention and a dissent joined by four judges, denies a sua sponte request for rehearing en banc. Two of the orders transfer cases, and one dismisses a set of appeals. Here are the introductions to the opinions, selected text from the precedential order and transfers, and link to the dismissal.

This morning, the Federal Circuit released one precedential opinion, one nonprecedential opinion, and six nonprecedential orders. The precedential opinion comes in an appeal in a patent case involving a challenge to a claim construction and addresses the use of extrinsic evidence in consideration of the claim construction. The nonprecedential opinion addresses a petition for review of a final order of the Merit Systems Protection Board. Of the six orders, one transfers an appeal to the Court of Appeals for the Ninth Circuit, and the remaining five orders are dismissals. Here are the introductions to the opinions, selected text from the transfer order, 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, Arellano filed his reply brief in Arellano v. McDonough. With respect to petitions, one new petition was filed with the Court in a Rule 36 case, three amicus briefs were submitted in a patent case, and a brief in opposition was submitted in the same patent case. 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 petition cases, six waivers of right to respond were submitted; two briefs in opposition were filed, one in an Equal Access to Justice Act case and one in a patent case; and the Court denied certiorari in three cases, two in patent cases and one in an employment case. 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 cases with pending petitions, one new petition was filed by a pro se petitioner; the government filed a waiver of right to respond in another case submitted by a pro se petitioner; and another pro se petitioner submitted his reply brief. Finally, the government submitted the views of the United States in two patent cases: one raising questions about eligibility and another raising a question about standing. 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, since our last update there is no new activity to report. With respect to petitions, three new petitions have been filed: one in a patent case, one filed by a pro se petitioner in a veterans case, and one by another pro se petitioner in an employment case. Additionally, an amicus brief in support of a petition was filed in a patent case raising questions concerning patent eligibility; a brief in opposition was filed in another patent eligibility case; a waiver of a right to respond was filed in a patent case concerning standing; and a petitioner filed a reply in a case raising a question about the Chevron doctrine’s applicability in veterans cases. Finally, the Court denied three petitions: two in takings cases and one in a patent case. Here are the details.

This morning the Federal Circuit issued a precedential opinion in an employment case appealed from the Merit Systems Protection Board. The court also released two nonprecedential opinions. The first comes in a veterans case appealed from the Court of Appeals for Veterans Claims. The second comes in a case appealed from the Court of Federal Claims and addresses issues related to spoliation of evidence. Finally, the Federal Circuit issued a Rule 36 judgment. Here are the introductions to the opinions and a link to the Rule 36 judgment.

This morning the Federal Circuit issued three precedential opinions. The first two come in related patent cases appealed from the Eastern District of Texas and address claim construction, infringement, and definiteness. The third comes in another patent case appealed from the District of Columbia and replaces an earlier opinion, issued by the Federal Circuit in August, regarding the shifting of attorney and expert witness fees in civil actions to obtain patents. The Federal Circuit also issued two nonprecedential opinions appealed respectively from the Court of Appeals for Veterans Claims and the Trademark Trial and Appeal Board. Finally, the Federal Circuit issued four Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.