FedCircuitBlog

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update, three new petitions for en banc rehearing were filed in cases raising questions related to eligibility, claim construction, PTAB procedure, obviousness, and appellate procedure. Here are the details.

This morning, the Federal Circuit released one precedential opinion, four nonprecedential opinions, one dismissal, and four Rule 36 summary affirmances. The precedential opinion comes in a government contract case appealed from the Court of Federal Claims. As for the nonprecedential opinions, two come in veterans cases appealed from the Court of Appeals for Veterans Claims, one comes in a case appealed from the Merit Systems Protection Board, and one comes in a case appealed from the Court of Federal Claims, which dismissed a complaint for lack of jurisdiction. Here are the introductions to the opinions along with links to the orders.

This morning, the Federal Circuit released four nonprecedential opinions and four Rule 36 summary affirmances. Two of the opinions come in veterans cases appealed from the Court of Appeals for Veterans Claims, one comes in a case appealing a final decision of the Merit Systems Protection Board, and one comes in a case appealed from the Court of Federal Claims, which dismissed a complaint for lack of jurisdiction. Here are the introductions to the opinions along with links to the summary affirmances.

On its website, today, the Federal Circuit did not release any opinions, but it did release eleven nonprecedential orders in various cases. (Judges Prost, Hughes, and Stoll were busy!) Other than an order granting a petition to transfer a patent case from the Western District of Texas to the Northern District of California, the orders are relatively run-of-the mill. They do things like dismiss petitions, summarily affirm, deny petitions, and grant undisputed motions to transfer, and dismissal appeals. Here are the introductions to ten of the orders and a link to the eleventh order, a dismissal.

This morning the Federal Circuit released a precedential opinion in a patent case appealed from the Northern District of West Virginia. In the opinion, based on a changed claim construction the court vacated a judgment of noninfringement, but the court also affirmed a determination of nonobviousness. Judge Taranto dissented in part based on disagreement with the Federal Circuit’s claim construction. The court also released a nonprecedential opinion in a patent case appealed from the Patent Trial and Appeal Board and another nonprecedential opinion in a pro se case. Here are the introductions to the opinions.