FedCircuitBlog

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 since our last update. With respect to petitions, one new petition was filed with the Court in a veterans case; two reply briefs in support of petitions were filed in a patent case and a veterans case; and the Court denied certiorari in three patent cases, three veterans cases, a trade case, a Fair Labor Standards Act case, and a pro se case. Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Last week, the Supreme Court granted a petition for certiorari in a case concerning the Merit Systems Protection Board. With respect to petitions, three new petitions were filed with the Court in two patent cases and one pro se case. Additionally, six waivers of right to respond, three briefs in opposition, and two reply briefs were filed with the Court. Finally, the Supreme Court denied certiorari in a patent case and two pro se cases. Here are the details.

This morning, the Federal Circuit released two precedential opinions in a trade case and a patent case, a nonprecedential order denying a petition for a writ of mandamus seeking to order a district court to vacate an order to produce certain documents, and three nonprecedential orders dismissing appeals. Here are the introductions to the opinions and the order denying the petition and links to the dismissals.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, the Supreme Court heard arguments last week in Rudisill v. McDonough, a veterans case. With respect to petitions, two new petitions were filed with the Court in two patent cases raising questions related to the Federal Circuit’s practice of reversing agency decisions and patent eligibility. Two waivers of right to respond were filed, one in the patent case raising the question about reversing agency decisions and one in a pro se case. A brief in opposition was filed in a patent case addressing the ability to review determinations whether to institute inter partes review proceedings. An amicus brief was filed in a veterans case. And, finally, the Court denied a petition in a patent case. 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 discussing Judge Newman’s response to her suspension from serving on the bench, specifically that “she’s prepared to fight the decision for as long as it takes”;
• an article about the “oral arguments in . . . an appeal following the massive $2.175 billion damages verdict handed by a Western Texas jury in March 2021 to VLSI for Intel’s infringement of two computer processor patents”; and
• a blog post commenting on an opinion providing “useful guidance for [patent] prosecutors on motivation to combine and means-plus-function claims.”

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

• an article discussing “what the patent eligibility restoration act means for artificial intelligence inventions”;
• an article highlighting the upcoming oral argument in “a highly anticipated appeal that is expected to center on how courts come up with damages” in a case involving a “whopping $2.175 billion verdict”;
• an article discussing a “debate over aging Judges’ lifetime tenure,” a debate that has come into focus in light of “the recent sanction and suspension of Pauline Newman, the nation’s oldest active federal judge”; and
• an article summarizing how “Greece’s air force urged the Federal Circuit to revive its $23 million breach of contract lawsuit against the U.S. government over an arms deal for military surveillance equipment.”

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, a merits brief and an amicus brief were filed in Vidal v. Elster, a trademark case concerning the First Amendment. With respect to petitions, three new petitions were filed with the Court in two patent cases addressing eligibility and prosecution laches respectively and in a takings case. Additionally, waivers of right to respond were filed in the patent case addressing prosecution laches and in a pro se case, and a supplemental brief was filed with the Court in a patent case addressing eligibility. Finally, three amicus briefs were filed in a patent case addressing judicial review of determinations whether to institute inter partes review proceedings. Here are the details.

Today, the Federal Circuit released three nonprecedential orders dismissing appeals. Two dismissals were agreed upon by the parties, while one dismissal resulted from an unopposed motion to voluntarily dismiss a cross appeal. Here are links to the dismissals.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, ten amicus briefs were filed in support of the petitioner in Rudisill v. McDonough. With respect to petitions, three new petitions were filed with the Court, one in a patent case, one in a veterans case, and one in a pro se case. Additionally, two amicus briefs were filed in a Tucker Act case and a waiver of right to respond was filed in a patent case. Here are the details.

This morning, the Federal Circuit released two opinions, one precedential and one nonprecedential, both in patent cases. The precedential opinion comes in an appeal of a post-grant review proceeding and addresses claim construction, written description, enablement, and motions to amend practice and procedure under the Administrative Procedure Act. The nonprecedential opinion comes in an appeal of an inter partes review and addresses claim construction and anticipation. Late yesterday and this morning, the court also released two nonprecedential orders, one denying a petition for a writ of mandamus that would order transfer, and one dismissing an appeal. Here are the introductions to the opinions and order and a link to the dismissal.