FedCircuitBlog

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. In the only pending case, a patent case addressing inducement of infringement and so-called skinny-labeling, the respondent’s merits brief was filed. As for pending petitions, since our last update, two new petitions were filed in a patent case and a pro se case; a waiver of the right to respond to a petition was filed in another pro se case; and the Supreme Court denied petitions in a case addressing sanctions and two pro se cases. Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Since our last update, there has been no new activity at the Supreme Court in the two pending cases decided by the Federal Circuit. As for petitions, a new petition was filed in a pro se case and two waivers of the right to respond to petitions were filed in two other pro se cases. Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Since our last update, there has been no new activity at the Supreme Court in the two pending cases decided by the Federal Circuit. As for petitions, new petitions were filed in a takings case and two pro se cases; a waiver of the right to respond to a petition was filed in a pro se case; and three briefs in opposition were filed, two in a patent case and one in a takings case. Here are the details.

This morning, the Federal Circuit released one precedential opinion, two nonprecedential opinions, and two nonprecedential orders. The precedential opinion and one of the nonprecedential opinions come in appeals from the Patent Trial and Appeal Board. The other nonprecedential opinion comes in a pro se appeal from a district court’s dismissal of a patent infringement claim. One of the orders grants a motion to withdraw a petition while the other is a dismissal. Here are the introductions to the opinions and links to the orders.

This morning, the Federal Circuit released three nonprecedential opinions, one summary affirmance, and four orders dismissing appeals. The nonprecedential opinions affirm a judgment of the Court of Federal Claims dismissing a pro se case for lack of jurisdiction, a judgment of the Court of Appeals for Veterans Claims affirming a dismissal by the Board of Veterans’ Appeals for lack of jurisdiction, and a judgment of the Merit Systems Protection Board dismissing an appeal for lack of subject matter jurisdiction. Here are the introductions to the opinions and links to the summary affirmance and dismissals.

This morning the Federal Circuit released a precedential opinion in a trade case appealed from the Court of International Trade. In it, the Federal Circuit reversed the Court of International Trade’s determination that raised tariffs on steel imports were unauthorized under the Trade Expansion Act. The Federal Circuit also released a nonprecedential opinion in a veterans case appealed from the Court of Appeals for Veterans Claims. Finally, the Federal Circuit released three nonprecedential orders dismissing appeals. Here are the introductions to the opinions and links to the dismissals.

• Roche Challenges $171M Patent Judgment At Federal Circuit – Meso Scale Diagnostic’s $171M verdict has been appealed by Roche to the Federal Circuit on Wednesday.
• Raytheon Engine Patent Wrongly Nixed by “Futuristic” Invention – In a precedential opinion issued Thursday, the Federal Circuit reversed the PTAB’s decision to invalidate Raytheon’s patent based on obviousness.
• Federal Circuit Told Albright Has “Impossible Barrier” To Stay Cases – The Federal Circuit received a petition for a writ of mandamus to order Judge Albright to grant a stay during a review by the PTAB.

Here’s the latest.

Here is an update on recent en banc activity at the Federal Circuit. New petitions were filed in two patent cases raising questions related to claim construction and the doctrine of equivalents. The court also denied seven petitions in patent cases raising questions related to Rule 36 judgments, injunctive relief, claim construction, awards of attorneys’ fees, eligible subject matter, deference to the Patent Trial and Appeal Board, standing, inter partes review, and enablement. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit. Telephonic oral argument is scheduled next week in an en banc veterans case, Arellano v. Wilkie. As for patent cases, petitions were filed in four cases raising questions related to an award of attorney’s fees, eligible subject matter, deference to findings of the Patent Trial and Appeal Board, and standing. In addition, a new response was filed arguing against the grant of a petition raising questions related to injunctive relief. Here are the details.

This morning, the Federal Circuit issued a nonprecedential opinion in a patent case. Additionally, we are including in today’s post a recent precedential opinion in a patent case. The court had published the opinion on its website on December 23, but then removed the opinion from its website on the same day. The court re-published the opinion on December 28. Here are the introductions to the nonprecedential and precedential opinions.