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 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.

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En Banc Activity

Recent En Banc Activity

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.

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En Banc Activity

Recent En Banc Activity

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.

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Opinions

Opinions & Orders – January 21, 2021

This morning, the Federal Circuit issued three nonprecedential opinions: two in patent cases and one in an appeal from the Merit Systems Protection Board.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.

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