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, there has been no new activity since our last update. As for pending petitions, since our last update no new petitions have been filed in cases decided by the Federal Circuit; one waiver of the right to respond to a petition was filed in a patent case addressing sanctions; and four amicus briefs were filed in another patent case addressing prosecution laches. Here are the details.

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, seven amicus briefs were filed supporting the respondent. As for pending petitions, since our last update, five new petitions were filed in a patent case, another patent case addressing sanctions, a veterans disability benefits case, a government contracts case, and a pro se case; three waivers of the right to respond to petitions were filed in a patent case and two pro se cases; a reply brief was filed in trademark case; two amicus briefs were filed in a patent case and Trade Act case; and the Supreme Court denied petitions in a patent case and two pro se cases. Here are the details.

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 raising questions related to Federal Rule of Evidence 702, expert witness analyses related to disclosed structure for means-plus-function limitations, and patent eligibility; one new response was filed to a petition raising questions related to de minimis infringement; and the Federal Circuit denied a petition that raised a question related to eligibility. Here are the details.

This morning, the Federal Circuit released one precedential opinion, three nonprecedential opinions, three Rule 36 judgments, and two nonprecedential orders dismissing appeals. The precedential opinion comes in an appeal of a decision of the Patent Trial and Appeal Board in an inter partes review proceeding. The first nonprecedential opinions comes in a patent infringement case appealed from a district court. The second comes in an appeal of a decision of the Court of Federal Claims in a takings case. The third comes in an appeal of a decision of the Merit Systems Protection Board. Here are introductions to the opinions and links to the judgments and dismissals.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update, one new petition for en banc rehearing was filed in a patent case raising questions related to eligibility. One new response was filed in response to a petition raising a question related to unfair competition claims. Finally, the Federal Circuit denied two petitions for en banc rehearing that raised questions related to the written description requirement and venue, respectively. Here are the details.

Here is an update on activity in cases pending before panels of the Federal Circuit where the cases have attracted 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 three recent opinions, four recent orders, and one new case. Here are the details.

This morning, the Federal Circuit released two precedential opinions. One of the opinions comes in a patent cases addressing claim construction. The other also comes in a patent case, this one challenging instructions the Director of the Patent and Trademark Office had given to the Patent Trial and Appeal Board related to its authority to decline petitions for inter partes review. The court also released three nonprecedential opinions. The first comes in an appeal of a decision of the Patent Trial and Appeal Board; the second comes in a patent infringement case and addresses an award of enhanced damages; and the third comes in a pro se appeal of a decision of the Court of Federal Claims. The Federal Circuit also released nine nonprecedential orders. Three transfer matters; three dismiss appeals; one remands a case; and two deny petitions for writs of mandamus. Finally, the court also released a Rule 36 judgment. Here are the introductions to the opinions and orders other than dismissals, along with links to the dismissals and Rule 36 judgment.

Last week, the Federal Circuit issued an order in In re Google LLC, a case we have been following because it attracted an amicus brief. In this case, Google filed a petition for a writ of mandamus seeking to vacate a decision by the Patent and Trademark Office denying its petitions for inter partes review and to require the agency to reconsider its petitions without relying on any “settled expectations” rule. In an order authored by Judge Wallach, the panel, consisting of Judges Lourie, Wallach, and Stoll, denied the petition. This is our summary of the order.

Late yesterday, the Federal Circuit released a nonprecedential opinion in an appeal of a decision of the Merit Systems Protection Board. This morning, the Federal Circuit released two nonprecedential opinions, two nonprecedential orders, and an errata. One of the opinions comes in another appeal of a decision of the Merit Systems Protection Board; the other comes in an appeal of a decision of the Court of Appeals for Veterans Claims. Both orders deny petitions for writs of mandamus. One of the petitions sought to order the Merit Systems Protection Board to order discovery and sanction an agency. The other petition sought to order the Patent and Trademark Office to vacate a denial of its petition for inter partes review. Here are the introductions to the opinions and orders along with a link to the errata.

This morning, the Federal Circuit released two precedential opinions, one nonprecedential opinion, and four nonprecedential orders. One of the precedential opinions comes in a patent infringement case; the other precedential opinion comes in a pro se appeal of a decision of the Merit Systems Protection Board. The nonprecedential opinion comes in another appeal of a decision of the Merit Systems Protection Board. One of the nonprecedential orders denies a petition for a writ of mandamus; another transfers a case. The other two dismiss appeals. Here are the introductions to the opinions and first two orders and links to dismissals.