FedCircuitBlog

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, since our last update the Court has not granted any petitions in cases decided by the Federal Circuit. Additionally, since our last update no new petitions have been filed with the Court. As for previously filed petitions, however, in three patent cases four briefs in opposition were filed. In addition, the Court denied a petition in another patent case. 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 one new petition was filed in a trademark case. Additionally, the government filed two waivers of right to respond. The Court also requested responses to two pending petitions in patent cases. Lastly, the Court denied seven petitions. 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 update, however, five new petitions have been filed with the Court: one in a veterans case, three in patent cases, and one filed by a pro se petitioner. As for previously filed petitions, one supplemental brief and two waivers of right to respond were filed. Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Since our last update two new petitions were filed, one raising a question related to patent law’s definiteness requirement and one in a pro se case. Two amicus briefs were filed in a case raising questions concerning the clear and unmistakeable error standard with regarding to a claim for veterans’ benefits. Two waivers of the right to respond to petitions were filed in government contracts and pro se cases. A reply was filed in support of a petition in a veterans case. And, finally, a supplemental brief was filed 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 and invited a response to a new petition raising questions related to enablement. The court also denied three petitions raising questions related definiteness, intervening rights, willfulness, unclean hands, claim construction, and the doctrine of equivalents. Here are the details.

Here is an update on recent en banc activity in patent cases at the Federal Circuit. It has been another quiet week. Highlights include a new petition raising a question related to the definiteness requirement and a denial of a petition raising a question related to claim construction. Here are the details.

• Federal Circuit Affirms Government’s E-Passport Patent Win – The United States’s e-passport technology was found to have not infringed Iris Corporation Berhad’s patent in a ruling issued by the Federal Circuit
• Federal Circuit Judge ‘Baffled’ By Mylan Position In PTAB Appeal – Judge Moore expressed her confusion at the prospect of Mylan’s attorney not requesting mandamus relief during oral arguments on Friday.
• Federal Circuit Affirms District Court Finding that Fax/Scanner Patent Claims Are Indefinite – In Infinity Computer Products, Inc. v. Oki Data Americas, Inc., the Federal Circuit affirmed the lower court’s finding of indefiniteness for Infinity’s fax/scanner patent.

Here’s the latest.

• What’s Eligible for a Patent? The Section 101 Muddle Explained – Perry Cooper describes the uncertainty and confusion surrounding patent eligibility under Section 101 and highlights the Supreme Court’s upcoming opportunities to provide clarity after Alice.
• Fed. Circ. Agrees Fax Machine Patents Are Indefinite – The Federal Circuit found that two terms in the patent claim language failed to provide reasonable certainty of the terms’ scope and thus the patents were deemed invalid for indefiniteness.
• Afghan’s Land Takings Claim Against U.S. Army Rejected on Appeal – The Federal Circuit affirmed the U.S. Court of Federal Claims’ dismissal of a suit after an Afghan citizen failed to prove ownership of a property that he claimed the U.S. Army unjustly took from him when the U.S. Army constructed Combat Outpost Millet in 2010.

Here’s the latest.