FedCircuitBlog

This morning the Federal Circuit released a nonprecedential opinion in a patent case appealed from the Patent Trial and Appeal Board. The court also released four nonprecedential orders. Two summarily affirm; one grants a transfer to the Middle District of Georgia; and one grants a motion to dismiss an appeal for lack of jurisdiction. Finally, the Federal Circuit released a Rule 36 judgment. Here is an introduction to the opinion, text from the orders, and a link to the Rule 36 judgment.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to the Supreme Court’s October 2021 term, the Court granted certiorari in a patent case, but notably it did so only to vacate the Federal Circuit’s judgment and remand the case for further consideration of an alleged Appointments Clause violation. Other than that, since our last post one reply in support of a petition has been filed in a veterans case and a waiver of right to respond has been filed in a patent case. Additionally, the Court denied two petitions in cases involving takings claims. Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to the Supreme Court’s October 2021 term, the Court still has not granted any petitions in cases decided by the Federal Circuit. Since our last report, however, ten new petitions have been filed in patent, government contract, veterans, and pro se cases; briefs in opposition have been filed in three patent and veterans cases; replies in support of petitions have been filed in three patent cases; the Court requested a response to a petition in a patent case; and the Court denied petitions in three patent, trademark, and pro se cases. Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to the Supreme Court’s October 2021 term, the Court has not granted any petitions in cases decided by the Federal Circuit since our last update. One new petition, however, was filed with the Court in a case involving an appeal from the Merit Systems Protection Board. As for previously filed petitions, one amicus brief, three briefs in opposition, and one reply were filed with the Court in employment, trademark, patent, and takings cases. Additionally, the government filed a waiver of right to respond in a pro se case. Finally, the Court denied three petitions in Tucker Act, patent, and pro se cases. Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to the Supreme Court’s October 2021 term, the Court still has not granted any petitions in cases decided by the Federal Circuit. As for pending petitions, since our last update two new petitions were filed: one in a patent case presenting questions regarding the Appointments Clause and one in a pro se patent case presenting a question concerning patent eligibility. In addition, two amicus briefs were filed in the same case in support of the petitioner, who raised questions concerning inter partes review. Moreover, two briefs in opposition were filed in patent cases raising questions related to the Appointments Clause. Finally, the government filed a supplemental brief in a government contracts case. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received a new petition raising a question related to use of a printed publication in an inter partes review. The court also denied a petition in a case raising questions related to inter partes review and the effective date of the Federal Circuit’s remedy in Arthrex, Inc. v. Smith & Nephew, Inc. Here are the details.

Here is an update on recent en banc activity in patent cases at the Federal Circuit. It has been a quiet week. A new petition was filed in a case raising questions related to inter partes review and remedies, and a response was filed to a patent petition raising questions related to eligible subject matter and deference to the Patent Trial and Appeal Board. See the details of these cases below.

This morning, the Federal Circuit issued three nonprecedential opinions: two in patent cases and one in an appeal from the Merit Systems Protection Board. Additionally, the court issued an order transferring a petition for a writ of mandamus to the Eleventh Circuit. Finally, the court issued one Rule 36 judgment. Here are the introductions of the opinions, text from the order, and a link to the Rule 36 judgment.