FedCircuitBlog

Here is an update on recent en banc activity at the Federal Circuit. Two new amicus briefs were filed in a pending en banc case concerning standing to allege a violation of a statute or regulation in connection with the procurement of a government contract. Additionally, one new petition was filed, presenting a question regarding apportionment of damages for patent infringement. Finally, the court denied an en banc petition raising a question regarding claim construction. Here are the details.

This morning the Federal Circuit released two nonprecedential opinions and five nonprecedential orders. Both of the nonprecedential opinions came in patent cases on appeal from the Patent Trial and Appeal Board. Notably, both relate to patents being asserted by United Services Automobile Association (USAA) in separate litigation. Of the nonprecedential orders, one addresses a notice of non-participation in an appeal in a patent case and the other four dismiss appeals. Here are the introductions to the opinions and the order addressing the notice of non-participation in an appeal, as well as links to the dismissals.

This morning the Federal Circuit released one precedential opinion, four nonprecedential opinions, two nonprecedential orders, and an erratum. The lone nonprecedential opinion comes in a patent case on appeal from the Patent Trial and Appeal Board. Of the nonprecedential opinions, all four also come in patent cases on appeal from the Patent Trial and Appeal Board. Of the nonprecedential orders, one denies a petition for writ of mandamus and one dismisses an appeal. Here are the introductions to the opinions and the order denying the petition for a writ of mandamus, as well as links to dismissal and erratum.

Late the last two days, the Federal Circuit released nonprecedential orders dismissing cases. Additionally, this morning the Federal Circuit released one precedential opinion in a patent case on appeal from the District of Delaware and three nonprecedential opinions. Two of the nonprecedential opinions come in patent cases, while the third comes in a veterans case.  Here are the introductions to the opinions and links to the orders.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update, the court received a petition raising a question regarding claim construction, and the court denied a petition raising questions regarding reliance on expert testimony in applying the doctrine of equivalents. Here are the details.

Late yesterday and today the Federal Circuit released one precedential and two nonprecedential opinions. All come in patent cases. The precedential opinion affirms a district court’s decision to delist patents from the Orange Book because the patents “contain no claim for the active ingredient at issue” but instead “are directed to components of a metered inhaler device.” The nonprecedential opinions affirm a judgment of patent infringement and damages by a district court and affirm a judgment of invalidity by the Patent Trial and Appeal Board. The Federal Circuit also released three nonprecedential orders dismissing appeals. Here are the introductions to the opinions and links to the dismissals.

Late yesterday the Federal Circuit released five nonprecedential orders. One denies a petition for a writ of mandamus, one transfers a case, two dismiss appeals, and one grants an agreed motion to remand a case. Today the Federal Circuit released three nonprecedential opinions and eight nonprecedential orders. Two of the opinions affirm decisions of the Patent Trial and Appeal Board, while the third affirms a decision of the Court of Appeals for Veterans Claims. One of the orders denies a petition, four transfer appeals, one dismisses an appeal, one denies a petition for a writ of mandamus, and one grants an agreed motion to remand a case. Here are the introductions to the opinions and the orders denying petitions for writs of mandamus, along with links to the transfers, dismissals, and agreed remands. This month’s motions panel had a busy couple of days!

Late yesterday, the Federal Circuit released a nonprecedential order dismissing an appeal. This morning, in turn, the court released five nonprecedential opinions, four in patent cases and one in a case appealed from the Merit Systems Protection Board. The court also released three nonprecedential orders granting summary affirmances under Rule 36 and another nonprecedential order dismissing an appeal. Here are the introductions to the opinions and links to the summary affirmances and dismissals.

Today the Federal Circuit released a nonprecedential opinion in a patent case affirming a grant of summary judgment of noninfringement, two nonprecedential orders transferring appeals, and two nonprecedential orders dismissing appeals. Here are the introductions to the opinion and transfers, along with links to the dismissals.

This morning the Federal Circuit released two nonprecedential opinions and one nonprecedential order. Both nonprecedential opinions come in patent cases appealing decisions of the Patent Trail and Appeal Board. The nonprecedential order is a dismissal. Here are the introductions to the opinions and a link to the dismissal.