Opinions / Panel Activity

Opinion Summary – In re DISH Network L.L.C.

On August 13, the Federal Circuit issued another order denying a petition for a writ of mandamus, this one in In re DISH Network L.L.C., another case we have been following because it attracted an amicus brief. While the court denied the petition, the court noted that “the district court here erred in relying on DISH’s general presence in Western Texas without tying that presence to the events underlying the suit.” As a result, the court stated it is “confident the district court will reconsider its determination in light of the appropriate legal standard and precedent on its own.” Also, notably, Judge Reyna wrote a concurring opinion in this case. Here is a summary of the case, the order, and the concurring opinion. 

Read More
Panel Activity

Update on Important Panel Activity

Here is this month’s update on activity in cases pending before panels of the Federal Circuit where the cases involve 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 six dispositions, one new case, one case with new briefing, and one oral argument recap. Here are the details.

Read More
Opinions

Opinions & Orders – August 16, 2021

This morning the Federal Circuit issued two precedential opinions in patent cases appealed from the Patent Trial and Appeal Board, two nonprecedential opinions in another patent case appealed from the Patent Trial and Appeal Board and an employment case, a Rule 36 judgment, and one erratum. Here are the introductions to the opinions and links to the relevant orders.

Read More
Opinions

Opinions & Orders – August 13, 2021

This morning the Federal Circuit issued two nonprecedential opinions in patent cases appealed from the United States Patent and Trademark Office, a nonprecedential order denying a petition for writ of mandamus along with a concurring opinion by Judge Reyna, and one Rule 36 judgment. Here are the introductions to the opinions and order and a link to the Rule 36 judgment.

Read More
Panel Activity

Update on Important Panel Activity

Here is this month’s update on activity in cases pending before panels of the Federal Circuit where the cases involve 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 disposition in a veterans law case, two oral argument recaps in a patent case and a veterans law case, four new patent cases, a patent case with new briefing, and four upcoming oral arguments in related Tucker Act cases. Here are the details.

Read More
News

Recent News on the Federal Circuit

Here’s the latest.

Read More
Petitions / Supreme Court Activity

Recent Supreme Court Activity

This post summarizes recent activity at the Supreme Court in cases decided by the Federal Circuit.

Here are the details.

Read More
Supreme Court Activity

Recent Supreme Court Activity

This post summarizes recent activity at the Supreme Court in cases decided by the Federal Circuit.

Here are the details.

Read More
En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. Highlights include the filing of the opening brief in National Organization of Veterans Advocates, Inc. v. Secretary of Veterans Affairs, in which the Federal Circuit granted a petition for initial hearing en banc to address two questions related to jurisdiction and veterans law. As for petitions in patent cases, highlights include a new petition raising questions related to restriction requirements and patent term adjustments; a new response to a petition raising questions related to obviousness; a new invitation for a response to a petition raising questions related to injunctive relief; and the denial of three petitions raising questions related to claim construction, prevailing party status, and forum selection clauses. Here are the details.

Read More
En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include new petitions filed in three cases raising questions related to standing, obviousness, and eligibility; a new invitation for a response in a case raising questions related to obviousness; two new amicus briefs in cases raising questions related to claim construction, joinder, and deference to Precedential Opinion Panels; and the denial of seven petitions raising questions related to claim construction, eligibility, novelty, non-obviousness, and the Appointments Clause. Here are the details.

Read More