FedCircuitBlog

Late yesterday, the Federal Circuit released three nonprecedential orders dismissing petitions for review of the Merit Systems Protection Board. This morning, the court released one precedential opinion, three nonprecedential opinions, and two Rule 36 summary affirmances. The precedential opinion comes in a patent case appealed from the Patent Trial and Appeal Board. As for today’s nonprecedential opinions: one comes in a salary overpayment case appealed from the Court of Federal Claims, and the other two come in cases appealed from the Merit Systems Protection Board, one a whistleblower case and the other an employee removal case. Here are the introductions to the opinions, along with links to the dismissals and summary affirmances.  

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. There are currently no cases pending before the Supreme Court that were previously decided by the Federal Circuit. As for petitions, since our last update, three new petitions were filed in a government contract case and two pro se cases; four waivers of the right to respond to petitions were filed in two government contract cases and two pro se cases; one brief in opposition was filed in a patent case; and a reply brief in support of a petition was filed in a patent case. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit. As for the only pending en banc case, which relates to the President’s Article II removal powers, since our last update the petitioner filed their reply brief. As for pending petitions for en banc rehearing, one new petition was filed in a pro se case raising questions about claim construction. The court also denied two petitions in cases that raised questions about appellate procedure and the enablement and written description requirements. Here are the details.

Late yesterday, the Federal Circuit released one precedential order denying a petition for rehearing en banc in a patent case, four nonprecedential orders dismissing three appeals and a petition, and one nonprecedential order remanding a case to the Court of Federal Claims. Notably, Judge Dyk dissented from the denial of rehearing en banc. This morning, the Federal Circuit released one precedential opinion, one nonprecedential opinion, and one nonprecedential order. The precedential opinion comes in a patent case appealed from the District of Delaware. The nonprecedential opinion also comes in a case appealed from the District of Delaware involving breach of contract and tortious interference claims. Today’s order dismisses an appeal. Here are the introductions to the opinions and the en banc order as well as links to the dismissals and remand.

Here is an update on recent en banc activity at the Federal Circuit. Since our last update, the court has set a date for oral argument in the only pending en banc case, which relates to the President’s Article II removal powers. Also, a new response was filed in response to a petition that raises questions about the written description requirement, and the court denied three petitions that raised questions regarding appellate procedure, claim construction, means-plus-function treatment, and damages. Here are the details.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today we highlight:

• an article suggesting that “[t]wo decisions issued by the U.S. Court of Appeals for the Federal Circuit within the past couple of months have brought” the difference between patent and trademark preemptive infringement remedies “into sharper focus”;
• a blog post discussing how “[p]atent filings are now mined not only by competitors, but by governments, intelligence agencies, sovereign investors, and increasingly sophisticated artificial intelligence systems capable of analyzing millions of documents simultaneously”;
• an article highlighting how “[t]wo important patent prosecution data points that are in tension: [t]he vast majority of patent applications are initially rejected by the patent examiner; and [t]he vast majority of patent applications eventually issue as a patent”; and
• an article arguing that, “over the past several months, the Trump administration has eroded” the Merit System Protection Board’s “authority in a series of steps that some former officials say have left the board a shell of the institution it once was.”

This morning, the Federal Circuit released a nonprecedential opinion in a case appealed from the Merit Systems Protection Board, as well as two nonprecedential orders dismissing appeals. Here is the introduction to the opinion along with links to the dismissals.

Here is an update on recent en banc activity at the Federal Circuit. Since our last update, one petition for rehearing en banc was granted in a case raising a question related to whether veterans’ preference rights are applicable to veterans currently employed by the federal government, and one new amicus brief was filed in a case raising a question related to the President’s Article II removal powers. In addition, one new petition for en banc rehearing was filed raising questions related to appellate procedure and means-plus-function treatment. Lastly, three petitions were denied in cases raising questions related to test for design patent infringement, the constitutional right to a jury trial, the Administrative Procedure Act, appellate procedure, and transfer. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit. Since our last update, fourteen amicus briefs were filed in the only pending en banc case, which relates to the President’s Article II removal power. Also, two new response briefs were filed in response to petitions in patent cases raising questions related to damages, the written description requirement, and the enablement requirement. Here are the details.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today we highlight:

• an article discussing how, “[o]n the eve of the 250th anniversary of Independence Day, in the nation’s capital, the Federal Circuit Center for Innovation and Law invited the public to the Justice Up Close, History All Around civics program to explore how law, innovation, science, and civic action have shaped the nation”;
• a blog post highlighting how USPTO Deputy Director Coke Morgan Stewart “announced this week that she will be leaving the Office as of this Friday”; and
• a blog post noting how “[n]early four dozen Democrats are calling for the reversal of a key Merit Systems Protection Board decision that they say could greatly expand presidential firing powers across the career federal workforce.”