FedCircuitBlog

Here is an update on recent en banc activity at the Federal Circuit. Since our last update, the parties filed their en banc briefs in a pending case raising questions related to statutory interpretation and agency deference in the context of a regulation adopted by the Office of Personnel Management related to overtime pay. Two amicus briefs were also filed in President Trump’s appeal challenging judgments and injunctions entered by the Court of International Trade in cases related to his tariffs. Additionally, the Federal Circuit invited a response from appellants in two patent cases and denied three petitions. Here are the details.

Late yesterday, the Federal Circuit released one nonprecedential order dismissing an appeal in a patent case. This morning, the court released one precedential opinion in a patent case appealed from the District of New Jersey. The Federal Circuit also released five additional nonprecedential opinions in two patent cases, two veterans cases, and two cases appealed from the Merit Systems Protection Board. Finally, the court issued one Rule 36 judgment, one nonprecedential order dismissing an appeal for lack of jurisdiction, and one nonprecedential order transferring an appeal. Here are the details.

This week is Court Week at the Federal Circuit. The court will convene 9 panels to consider 54 cases. Of the 54 cases, the court will hear oral argument in 35 cases. The Federal Circuit provides access to live audio of these arguments via the Federal Circuit’s YouTube channel. This Court Week, two cases scheduled for oral argument attracted amicus briefs. Here’s what you need to know about these two cases.

As we noted earlier this week, two cases being argued in July at the Federal Circuit attracted amicus briefs. The second of those cases is Google LLC v. Sonos, Inc., a patent case. In this case, Sonos appeals a judgment of a district court, raising questions concerning prosecution laches, written description and priority dates, and summary judgment of invalidity. This is our argument preview.

Here is this month’s update on activity in cases pending before panels of the Federal Circuit where the cases involve 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 a new opinion issued in a patent case resolving a dispute related to claim construction, a new amicus brief in a patent case addressing discretionarily denials of petitions for inter partes review based on parallel district court litigation, a response brief in a patent case involving a dispute related to claim construction, and an intervenor brief filed by the Acting Director of the U.S. Patent and Trademark Office in a case involving an appeal and cross-appeal from an inter partes review proceeding. Finally, the court scheduled oral argument next month in two cases that attracted amicus briefs. Here are the details.

This morning, the Federal Circuit released four nonprecedential opinions, two in patent cases, one appealed from the Armed Services Board of Contract Appeals, and one appealed from the Merit Systems Protection Board. The Federal Circuit also released two nonprecedential orders dismissing appeals in one MSPB case and one patent case. Here are the introductions to the opinions and links to the dismissals.

This morning, the Federal Circuit released one precedential opinion, two nonprecedential opinions, one nonprecedential order dismissing an appeal, and one errata. In the precedential opinion, the court dismissed an appeal from the International Trade Commission for lack of jurisdiction. Both of the nonprecedential opinions were appealed from the Patent Trial and Appeal Board following inter partes review proceedings. Here are the introductions to the opinions and links to the dismissal and errata.

Late yesterday, the Federal Circuit released a nonprecedential order dismissing an appeal. This morning, the Federal Circuit released a precedential opinion in a vaccine case, affirming-in-part and reversing-in-part a decision of the Court of Federal Claims. The Federal Circuit also released five nonprecedential opinions, two in appeals from the Merit Systems Protection Board, one in an appeal from the Court of Appeals for Veterans Claims, one from the Court of Federal Claims, and one from the Armed Service Board of Contract Appeals. The Federal Circuit also released four nonprecedential orders dismissing appeals. Here are the introductions to the opinions and links to the dismissals.

This morning, the Federal Circuit released two precedential opinions, two nonprecedential opinions, and two Rule 36 summary affirmances. Of the precedential opinions, one of the cases was a patent case appealed from a district court and the other was a case appealed from the Court of Federal Claims. Both of the nonprecedential opinions come in cases appealed from the Merit Systems Protection Board. Here are the introductions to the opinions and links to the summary affirmances.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update, the en banc court issued an order granting an immediate administrative stay of judgments and permanent injunctions. As for the two pending en banc cases, the court will hear oral argument next week in one, a government contract case, and the court received an amicus brief in the other, which raises questions related to statutory interpretation and agency deference. As for pending petitions, since our last update the court received five new petitions, three in patent cases, one in a case raising questions related to statutory interpretation, and one in a pro se case. In addition, a response has been filed to a petition in a patent case raising a question related to collateral estoppel. The court also denied two petitions for en banc rehearing in a patent case and a pro se case. Here are the details.