This morning, the Federal Circuit released one nonprecedential opinion. It addresses an appeal from an order dismissing antitrust, patent infringement, and unjust enrichment claims. Here is the introduction to the opinion.
Opinions & Orders – May 12, 2023
This morning, the Federal Circuit released a nonprecedential opinion in a pro se patent case along with two nonprecedential orders dismissing appeals. Here is the introduction to the opinion and links to the orders.
Opinions & Orders – May 5, 2023
This morning, the Federal Circuit released a precedential opinion affirming the judgment of the Court of Appeals for Veterans Claims in a veterans case. Notably, Judge Dyk concurred with the majority. The Federal Circuit also released two nonprecedential opinions, both in patent cases. Finally the court released three nonprecedential orders summarily affirming judgments. Here are the introductions to the opinions and links to the summary affirmances.
Recent En Banc Activity
Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received responses to petitions raising questions related to assignor estoppel and inter partes review estoppel. The court also denied a petition filed by a pro se party. Here are the details.
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.
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 The Federal Circuit also released three nonprecedential opinions in patent cases appealed from the Court of Federal Claims, the District of South Carolina, and the Patent Trial and Appeal Board, respectively. Finally, the Federal Circuit released a nonprecedential order dismissing an appeal for failure to prosecute and a Rule 36 judgment.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.
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.
Recent Supreme Court Activity
This post summarizes recent activity at the Supreme Court in cases decided by the Federal Circuit.
- The Supreme Court received two new petitions this week in Fredman Bros. Furniture Co. v. Bedgear, LLC and Idenix Pharmaceuticals LLC v. Gilead Sciences, Inc.
- One reply brief was filed with the Court by B.E. Technology in B.E. Technology, L.L.C. v. Facebook, Inc.
- One amicus brief was filed with the Court in Arctic Cat Inc. v. Bombardier Recreational Products Inc. by Lambeth Magnetic Structures.
- Finally, three waivers of right to respond were filed with the Court in (1) Robles v. Wilkie, (2) Golden v. United States, and (3) Medina v. Federal Aviation Administration.
Here are the details.
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.
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.