FedCircuitBlog

This morning, the Federal Circuit released one precedential opinion, six nonprecedential opinions, three dismissals, and two Rule 36 summary affirmances. The precedential opinion addresses an appeal from a dismissal by the Court of International Trade for lack of subject matter jurisdiction. Three of the nonprecedential opinions dismiss appeals from the Court of Appeals for Veterans Claims—two for lack of jurisdiction and one for lack of a final judgment. Another two of the nonprecedential opinions affirm judgments of the Merit Systems Protection Board. The last nonprecedential opinion addresses an appeal and cross-appeal from a judgment of the International Trade Commission, which found that a collection of imported products infringed certain patents, but also found certain redesigns not to infringe. Here are the introductions to the opinions and links to the dismissals and summary affirmances.

Here is an update on recent en banc activity at the Federal Circuit. Highlights include a new petition filed in a patent case raising questions regarding the domestic industry requirement at the International Trade Commission and a denial of another petition in another patent case raising questions related to infringement. 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 how a “consortium of patent lawyers and small startups are sounding the alarm at the Federal Circuit over a ruling last year”; and
• another article about a Federal Circuit ruling that “Intel failed to show that Koniklijke Philips NV’s patent . . . was obvious, and thus invalid, based on several previously published inventions.”

This morning, the Federal Circuit released one nonprecedential opinion and six nonprecedential orders. The opinion affirms judgments of the Patent Trial and Appeal Board in two inter partes review proceedings. The orders dismiss appeals. Here are the introduction to the opinion and text from the orders.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include the only pending en banc case reaching oral argument, a new petition for rehearing regarding literal infringement, and a denial of a petition raising a question concerning the meaning of an alleged “coined term.” 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 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.”