News

Recent News on the Federal Circuit

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

  • a blog post examining “[w]ho appeals (and wins) patent cases”;
  • an article discussing how the Federal Circuit recently ruled that “[e]rrors don’t have to be immediately found in patents” to later render the patent invalid as obvious; and
  • another article highlighting how a petitioner in a patent eligibility case “filed a reply brief . . . distancing its petition from that of American Axle & Manufacturing, Inc.’s, which was denied certiorari on June 30.”
Read More
Petitions / Supreme Court Activity

Recent Supreme Court Activity

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 petition cases, four new petitions were filed with the Court in two patent cases, a takings case, and a pro se case; reply briefs in support of petitions were submitted in a patent case and a case involving application of the Equal Access to Justice Act; and an amicus brief was filed in a patent case. Here are the details.

Read More
Featured / Petitions / Supreme Court Activity

Breaking News — Supreme Court Denies Review in American Axle & Manufacturing, Inc. v. Neapco Holdings, LLC

This morning, the Supreme Court denied the petition for certiorari in American Axle & Manufacturing, Inc. v. Neapco Holdings LLC, an important patent eligibility case decided by the Federal Circuit in 2019. In this case, the petitioner requested the Supreme Court grant review to reconsider the appropriate standard for determining patent eligibility and to determine whether eligibility is a question of law or fact. The Solicitor General previously recommended the Court grant review to reconsider the first question presented, addressing the appropriate standard for determining eligibility. But today the Court denied the petition.

Read More
Petitions / Supreme Court Activity

Recent Supreme Court Activity

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 petition cases, six waivers of right to respond were submitted; two briefs in opposition were filed, one in an Equal Access to Justice Act case and one in a patent case; and the Court denied certiorari in three cases, two in patent cases and one in an employment case. Here are the details.

Read More
Petitions / Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, since our last update there is no new activity to report. With respect to petitions, three new petitions have been filed: one in a patent case, one filed by a pro se petitioner in a veterans case, and one by another pro se petitioner in an employment case. Additionally, an amicus brief in support of a petition was filed in a patent case raising questions concerning patent eligibility; a brief in opposition was filed in another patent eligibility case; a waiver of a right to respond was filed in a patent case concerning standing; and a petitioner filed a reply in a case raising a question about the Chevron doctrine’s applicability in veterans cases. Finally, the Court denied three petitions: two in takings cases and one in a patent case. Here are the details.

Read More
Supreme Court Activity

Recent Supreme Court Activity

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 this week in George v. McDonough, a case addressing veterans law. While no new petitions have been filed, the Court invited the Solicitor General to file a brief expressing the views of the United States in a case concerning patent law’s enablement requirement. Additionally, two waivers of right to respond and a reply brief were filed in other patent cases. Moreover, two amicus briefs were submitted this past week: one in a patent case raising questions related to enhanced damages and one in a veterans case involving the Equal Access to Justice Act. Finally, the Court denied certiorari in two cases brought by pro se petitioners. Here are the details.

Read More
Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, since our last update there is no new activity to report. With respect to petitions, three new petitions have been filed: one in an Equal Access to Justice Act case and two in patent cases raising questions related to eligibility and enhanced damages; members of Congress filed an amicus brief in an employment law case that involves interpretation of the Reservists Pay Security Act; the government submitted a brief in opposition in a case concerning the Tucker Act and another brief in opposition was filed in a patent case addressing the non-obviousness requirement; the government waived its right to respond in a pro se case; and the Court denied review in four cases. Here are the details.

Read More
En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received a new amicus brief supporting rehearing in a case that raises a question related to the standard for enhanced damages. The court also denied a petition raising questions related to patent eligibility. Here are the details.

Read More
En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received two new petitions raising questions related to patent eligibility and the Appointments Clause. The court also invited a response to a petition that raised questions related to the notice required to collect damages for infringement. Finally, the court denied a petition raising questions related to the assignment of patents. Here are the details.

Read More
Opinions

Opinions & Orders – October 14, 2021

This morning the Federal Circuit issued a precedential in a patent case appealed from the District of North Dakota and addressing exceptionality and attorneys’ fees. The Federal Circuit also issued a nonprecedential opinion in a veterans case appealed from the Court of Appeals for Veterans Claims. Finally, the Federal Circuit issued three Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.

Read More