Petitions / Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, the Supreme Court issued its opinion last week in Rudisill v. McDonough, a veterans case. With respect to petitions, two new petitions were filed in a patent case and a pro se case, and the Court denied a petition in another pro se case. Here are the details.

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En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. Highlights include a new petition in a patent case raising a question concerning prior art for purposes of design patent law and two denials of petitions in two other patent cases raising questions related to the law governing reissue proceedings and fee shifting, respectively. 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. Highlights include an en banc response brief filed in the only pending en banc case, which addresses the non-obviousness requirement for design patents, and two newly filed petitions for rehearing in two utility patent cases. Here are the details.

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News

Recent News on the Federal Circuit

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

  • an article discussing a new report on Federal Circuit Judge Newman’s health;
  • another article highlighting a Supreme Court petition urging review of the Federal Circuit’s decision in Personalized Media Communications v. Apple; and
  • a third article about a recent decision from the Federal Circuit “affirm[ing] a Texas federal judge’s decision canceling patent claims” asserted “in lawsuits targeting dating app maker Bumble Trading LLC and several other tech firms.”
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Opinions

Opinions & Orders – September 8, 2023

Today, the Federal Circuit released four nonprecedential opinions, three Rule 36 summary affirmances, and two nonprecedential orders. Late yesterday, the Federal Circuit also released two nonprecedential orders dismissing appeals. Here are the introductions to the opinions and links to the dismissals and Rule 36 summary affirmances.

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Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, the petitioner filed his reply merits brief in George v. McDonough, a case concerning the scope of clear and unmistakable error in the context of review of denials of veterans’ claims for benefits. As to cases with pending petitions, the government filed a brief in opposition in a veterans case challenging the Federal Circuit’s application of the Chevron doctrine. Also, following a Supreme Court request last fall, the government finally submitted the view of the United States in a patent case raising questions related to preclusion. The Court also denied three petitions: one in a government contracts case and two in patent cases. Here are the details.

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Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, six amicus briefs were filed in George v. McDonough, a case raising a question related to clear and unmistakable error in the context of review of denials of veterans’ claims for benefits. As for still-pending petitions, one new petition was filed by a pro se petitioner; two amicus briefs were filed in a case related to patent eligibility, including a brief filed by a former Federal Circuit judge; and two reply briefs were filed: one in a veterans case and one in a trade case. Finally, four waivers of right to respond were filed and the Court denied a petition in a case concerning patent eligibility. Here are the details.

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Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, since our last update there is no new activity to report. With respect to petitions, two new petitions have been filed, both in patent cases. In addition, five amicus briefs were submitted in a case presenting a challenge to the Chevron doctrine. Also, the government waived its right right to respond in a pro se case. Here are the details.

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News

Recent News on the Federal Circuit

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

  • a report discussing the Federal Circuit’s refusal to consider a ruling addressing alleged venue manipulation;
  • an article about a Federal Circuit opinion addressing alleged inequitable conduct in the procurement of a patent; and
  • an article discussing difficulty in the application of the non-obviousness patentability requirement in the context of design patents.
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