FedCircuitBlog

Late yesterday, the Federal Circuit released two nonprecedential orders, both dismissing cases. This morning, the court released one precedential opinion, one nonprecedential opinion, and four nonprecedential orders. The precedential opinion comes in a takings case appealed from the Court of Federal Claims. The nonprecedential opinion comes in a case appealed from the Merit Systems Protection Board. As for today’s orders, one denies petitions for writs of mandamus in a patent case, one dismisses an appeal subject to reinstatement if a licensed attorney appears on behalf of the appellant and moves for reconsideration of the dismissal, and the other two dismiss appeals. Here are the introductions to today’s opinions and substantive orders, along with links to the dismissals.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. There are currently no cases pending before the Supreme Court that were previously decided by the Federal Circuit. As for petitions, since our last update, five new petitions were filed in a patent case, a case arising under the Tucker Act, a case originally arising under the Indian Tucker Act, and two pro se cases; two waivers of the right to respond to petitions were filed in a case involving copyright and government contract claims and a pro se case; two briefs in opposition were filed in patent cases; a reply brief in support of a petition was filed in a patent case; amicus briefs were filed in two patent cases; and the Court denied five petitions. Here are the details.

Late yesterday, the Federal Circuit released a nonprecedential order dismissing an appeal. This morning, the court released two nonprecedential opinions. One comes in a case appealed from the Merit Systems Protection Board, and the other comes in a government contract and takings case appealed from the Court of Federal Claims. Here are the introductions to today’s opinions, along with a link to yesterday’s dismissal.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. There are currently no cases pending before the Supreme Court that were previously decided by the Federal Circuit. As for petitions, since our last update, one new petition was filed in a government contract case, one waiver of the right to respond to a petition was filed in a copyright case, and one amicus brief was filed 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 we highlight:

• an article how the Federal Circuit recently “denied [a] bid for a full court review of a panel decision that reinstated a $177 million jury verdict” for patent infringement, “while one dissenting judge said the panel’s holding ‘creates confusion’ over enablement standards for patent method claims”;
• a blog post reporting how Crocs has asked the Supreme Court to decide “whether an agency disposition is final as to some issues, thus triggering deadlines for judicial review, while other issues decided in the same disposition remain subject to further executive or administrative review”;
• an article discussing how the Federal Circuit recently “issued a precedential decision affirming a finding of invalidity of certain claims [a] wireless communications patent, but holding that the district court’s reasoning, which focused on indefiniteness, was erroneous”; and
• an article highlighting how a “Wisconsin congressman unveiled a bill Wednesday aimed at modernizing the law governing misconduct investigations for federal judges and limit indefinite suspensions of jurists which judicial advocates say amount to ‘stealth impeachments.’”

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. There are currently no cases pending before the Supreme Court that were previously decided by the Federal Circuit. As for petitions, since our last update, two new petitions were filed in a case raising a question related to appellate procedure and a pro se case; four waivers of the right to respond to petitions were filed in four pro se cases; two briefs in opposition were filed in patent cases raising questions related to inter partes review proceedings; one reply brief in support of a petition was filed in another patent case raising questions related to inter partes review proceedings; one supplemental brief was filed in a pro se case; and one amicus brief was filed in another patent case raising questions related to eligibility. Here are the details.

Late yesterday, the Federal Circuit released a nonprecedential order dismissing an appeal. This morning, the court released one precedential opinion, one nonprecedential opinion, and three nonprecedential orders. The precedential opinion comes in an antidumping case appealed from the Court of International Trade. The nonprecedential opinion comes in a case appealed from the Court of Federal Claims concerning breach of contract and employment claims. As for the orders, one transfers a case to the Southern District of Ohio, and the other two dismiss an appeal and a petition. Here are the introductions to the opinions and the transfer order as well as links to the dismissals.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. There are currently no cases pending before the Supreme Court that were previously decided by the Federal Circuit. As for pending petitions, since our last update, three new petitions were filed in two patent cases and a pro se case, and two briefs in opposition were filed in a government contract case and a patent case. Here are the details.

Here is an update on activity in cases pending before panels of the Federal Circuit where the cases have attracted at least one amicus brief. We keep track of these cases in the “Other Cases” section of our blog. Today, with respect to these cases, we highlight four recent opinions: one addressing injunctive relief, two addressing bilateral tax treaties and their relation to net investment income tax, and one addressing educational benefits for veterans. We also identify two new cases: one raising questions related to injunctive relief, and one raising questions related to the domestic-industry requirement. We highlight two response briefs in cases that raised questions related to inter partes reviews and obviousness; two reply briefs in cases that raise questions related remedies against the United States and copyright law; and one intervenor brief in a case that raises questions related to the ability to appeal denial of institution of inter partes review. Here are the details.

Today the Federal Circuit released two precedential opinions, a precedential order, and two nonprecedential orders dismissing cases. Both of the precedential opinions come in trade cases, and in both cases the court affirms the judgment of the Court of International Trade. In the precedential order, the Federal Circuit denies panel and en banc rehearing in a design patent cases. Notably, Judge Cunningham joined by Judge Hughes released an opinion concurring in the denial of the petition for rehearing en banc , while Chief Judge Moore joined by Judge Reyna released an opinion dissenting from the denial of the petition for rehearing en banc. Here are the introductions to the opinions and links to the dismissals.