En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Next week the court will hear oral argument in one of the two pending en banc cases. As for petitions for en banc review, the court received a new petition filed by a pro se party, and the court denied two petitions raising questions related to the critical date of prior art and the written description requirement, respectively. Here are the details.

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Opinions

Opinions & Orders – September 8, 2022

This morning the Federal Circuit released three precedential opinions. The first comes in a patent case appealed from the Eastern District of Virginia; the second comes in a trade case appealed from the Court of International Trade; and the third comes in a veterans case appealed from the Court of Appeals for Veterans Claims. Notably, in the trade case, Judge Newman dissented. The Federal Circuit also released three nonprecedential opinions in patent cases appealed from the Court of Federal Claims, the District of South Carolina, and the Patent Trial and Appeal Board, respectively. Finally, the Federal Circuit released a nonprecedential order dismissing an appeal for failure to prosecute and a Rule 36 judgment. Here are the introductions to the opinions, a link to the dismissal, and a link to the Rule 36 judgment.

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En Banc Activity

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. The en banc court heard oral argument in a veterans case last week. As for petitions for en banc consideration in patent cases, a new petition was filed in a case raising questions related to literal infringement and claim construction; the court invited a response to a petition raising a question related to sanctions; and the court denied two petitions, one in a pro se case and one raising a question related to non-obviousness. Here are the details.

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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.

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En Banc Activity

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. In one of the two pending en banc cases addressing veterans law, the court requested the parties file supplemental briefs to address concerns with Article III standing. Other updates include new petitions raising questions related to patent marking, expert testimony, willful infringement, and sanctions; a new invitation to respond to a petition raising a question related to remedies; a new amicus brief in a case raising a question related to double-patenting; and the denial of two petitions raising questions related to patent eligibility and claim construction. Here are the details.

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Opinions

Opinions & Orders – September 3, 2020

This morning the Federal Circuit issued two precedential opinions in a government contracts case and an international trade case. The court also issued four nonprecedential opinions: one dismissing a case for lack of jurisdiction and three in patent cases. Additionally, the court issued two Rule 36 judgments. Here are the introductions to the opinions and a list of the Rule 36 judgments.

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Opinions

Today’s Opinions – April 10, 2020

This morning the Federal Circuit issued two precedential opinions in patent cases. The Federal Circuit also issued four nonprecedential opinions in patent cases, one nonprecedential opinion in a Merit Systems Protection Board case, one nonprecedential opinion in a death benefits case, one nonprecedential opinion in a veterans case, one nonprecedential order denying a petition for a writ of mandamus, and one Rule 36 judgment. Here are the introductions to the opinions, the text of the order, and the Rule 36 judgment.

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Scholarship

Recent Scholarship Related to the Federal Circuit

This month we highlight two papers and two books. The first paper analyzes opinion assignments within the Federal Circuit, while the second paper considers the remedy of disgorgement in intellectual property cases. The first book focuses on the challenges 3D printing poses to traditional intellectual property regimes, while the second book analyzes the possibility of standardizing remedies for patent infringement in the context of complex products like smartphones and laptops.

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Featured / Scholarship

Recent Scholarship Related to the Federal Circuit

Every month here at Fed Circuit Blog we plan to highlight important scholarship—primarily law review articles in draft or final form—related to the Federal Circuit and its jurisdiction and jurisprudence. This month we are highlighting four articles from the Iowa Law Review’s recent symposium addressing patent and administrative law.

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