FedCircuitBlog

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. This week the Court granted certiorari in a veterans case that raises questions regarding equitable tolling and retroactive disability benefits. The Court also requested the Solicitor General file a brief expressing the views of the United States in a patent case raising a question regarding standing to challenge the validity of patents. Additionally, three new petitions were filed with the Court: two in cases appealing decisions from the Merit Systems Protection Board and one in a patent case. Moreover, one amicus brief was submitted in a patent case; three briefs in opposition were filed in trade, employment, and veterans cases; one waiver of right to respond was filed in a patent case; three petitions were denied; and one petition was dismissed. Here are the details.

This morning the Federal Circuit issued a precedential opinion in a patent case holding that applicant admitted prior art (AAPA) disclosed within a challenged patent is not “prior art” for the purposes of inter partes review. While the court noted that AAPA is not categorically excluded from inter partes review for all purposes, the court held is not “prior art consisting of patents or printed publications” under the relevant statutory provision. The court also issued a nonprecedential opinion in an employment case. Here are the introductions to the opinions.

This morning the Federal Circuit issued a precedential opinion in a veterans case appealed from the Court of Appeals for Veterans Claims. The opinion affirms the denial of a 100% disability rating. The Federal Circuit also issued two Rule 36 judgments. Here is the introduction to the opinion and links to the Rule 36 judgments.

This morning the Federal Circuit issued two nonprecedential opinions. The first comes in a patent case appealed from the Patent Trial and Appeal Board and addresses novelty and obviousness. The second comes in a benefits case appealed from the Merit Systems Protection Board. Additionally, the court issued a nonprecedential order denying a petition for a writ of mandamus seeking to direct the Western District of Texas to dismiss a patent case for improper venue. Here are the introductions to the opinions and order.

This morning the Federal Circuit issued a precedential opinion reviewing an order transferring an Equal Pay Act claim from the Eastern District of Louisiana to the Court of Federal Claims. The Federal Circuit also issued two nonprecedential opinions. The first comes in an employment case appealed from the Merit Systems Protection Board, while the second comes in a trademark case appealed from the Trademark Trial and Appeal Board. Finally, the court issued two Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.

This morning the Federal Circuit issued a precedential opinion in a trade case appealed from the Court of International Trade. The court also issued two nonprecedential opinions. The first comes in a veterans case appealed from the Court of Appeals for Veterans Claims. The second comes in an employment case appealed from the Merit Systems Protection Board. Finally, the court 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 four nonprecedential opinions. Two come in patent cases appealed from the Patent Trial and Appeal Board and involving the same parties. One comes in an employment case appealed from the Merit Systems Protection Board. And one comes in a veterans case appealed from the Court of Appeals for Veterans Claims. The Federal Circuit also issued a nonprecedential order denying a petition for a writ of mandamus to direct the Eastern District of Texas to stay proceedings in a patent case. Here are the introductions to the opinions and order.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

• an article discussing the outcome of a patent case originating at the International Trade Commission;
• a post discussing how the Federal Circuit upheld a Patent Trial and Appeal Board decision that claims did not meet the requirement of eligibility; and
• an article discussing how the Federal Circuit found that UGG AUSTRALIA was a valid trademark and not generic; and
• another article discussing how two recent Federal Circuit decisions may be “welcome news for federal employees at all agencies.”

This morning the Federal Circuit issued two nonprecedential opinions in cases appealed from the Merit Systems Protection Board and the United States Court of Appeals for Veterans Claims. The first opinion reviews a decision by the Merit Systems Protection Board sustaining a charge of conduct unbecoming of a federal employee. The second opinion addresses jurisdiction. Here are the introductions to the opinions.

This morning the Federal Circuit released three precedential opinions, one in a patent case and two in employment cases. The precedential patent opinion addresses eligibility. The two precedential employment opinions address the interpretation and application of 38 U.S.C. § 714, which governs the removal, demotion, or suspension of employees of the Department of Veterans Affairs based on performance or alleged misconduct. Notably, Judge Newman dissented in one of these employment cases. The court also released a nonprecedential opinion in another patent case, and that opinion addresses claim construction. Here are the introductions to the opinions.