FedCircuitBlog

This morning the Federal Circuit issued a precedential opinion in a patent case appealed from the Western District of Texas. The opinion reversed a finding of invalidity. The court also issued four nonprecedential opinions in patent cases appealed from the Patent Trial and Appeal Board. Notably, in the fourth case, Judge Prost wrote a concurring opinion to explain that had a patentability challenge been preserved it likely would have succeeded. Finally, the court issued three nonprecedential orders concerning, respectively, a dismissal for failure to prosecute and two voluntary dismissals. Here are the introductions to the opinions and orders.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, there is no new activity to report. As for still-pending petitions, three new petitions were filed: one in a patent case raising questions related to eligible subject matter and two filed by pro se petitioners. Waivers of right to respond were filed in two cases: the patent case already mentioned raising questions related to eligible subject matter and another patent case also concerning eligibility. Finally, a brief in opposition was filed in a patent case that raises a question regarding the appealability of a discretionary denial of inter partes review. 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 granted certiorari in a veterans case. The Court also requested the Solicitor General to file a brief expressing the views of the United States in a patent case. No new petitions were filed, but one amicus brief was submitted in support of a petition in a patent case and a waiver of right to respond was filed in a pro se case. Additionally, the Court denied four petitions: two in patent cases and two in pro se cases. Here are the details.

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

• an article analyzing cases and an emerging trend regarding how “the [Patent Trial and Appeal] Board is only the first hurdle in what is a long game for patent owners”;
• a blog post detailing how the “Supreme Court and Judicial Conference consider[ed] Judge Albright’s problematic patent court”;
• another blog post evaluating the “Federal Circuit’s PTAB appeals statistics through November 30, 2021”; and
• another article explaining how the Federal Circuit “rejected arguments the U.S. Army’s improper handling of [a government contract] award prejudiced it.”

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 certiorari in any cases decided by the Federal Circuit. Three new petitions, however, have been filed with the Supreme Court: two in patent cases and one in a pro se case. Moreover, nine amicus briefs across three cases have been filed. Additionally, four waivers of right to respond, two briefs in opposition, and three replies have been filed. Here are the details.

This morning the Federal Circuit issued two precedential opinions in patent cases appealed from the Patent Trial and Appeal Board. The first opinion vacates a board decision for failure to tie its construction of a claim term to the patent’s specification. The second opinion affirms in part and vacates in part board determinations of unpatentability. The court also released two nonprecedential opinions. The first comes in a patent case appealed from the Eastern District of Missouri. The second comes in veterans case appealed from the Court of Appeals for Veterans Claims. Here are the introductions to the opinions.

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.

This morning the Federal Circuit issued a precedential opinion in a patent case appealed from the Patent Trial and Appeal Board and two nonprecedential opinions in cases appealed from the Court of Federal Claims and the Trademark Trial and Appeal Board. In addition, the court issued two nonprecedential orders granting petitions for writs of mandamus ordering the Western District of Texas to transfer patent cases. Finally, the Federal Circuit issued a Rule 36 judgment. Here are the introductions to the opinions and orders and a link to the Rule 36 judgment.

This morning the Federal Circuit issued a nonprecedential opinion in a patent case appealed from the Patent Trial and Appeal Board. The court also issued three nonprecedential orders. All three orders ruled on to petitions for writs of mandamus to transfer cases out of the Western District of Texas. The court denied petitions in two of the orders, but granted the petition in one of the orders. Here are the introductions to the opinion and orders.  

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received a new petition raising questions related to cases requiring fair notice of asserted grounds of invalidity in an inter partes review and minimum standards of agency decision making under the Administrative Procedure Act. The court also denied a petition for rehearing en banc in a case raising a question concerning the Patent Trial and Appeal Board’s ability to deny a petition for inter partes review based on the existence of pending litigation concerning the same patents. Here are the details.