Here is an update on activity in cases pending before panels of the Federal Circuit where the cases involve 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 a new patent case, a reply brief in another patent case, oral arguments in a takings case and a pro se case, and an opinion in a patent case. Here are the details.
Recent En Banc Activity
Here is an update on recent en banc activity at the Federal Circuit in patent cases. As for the only pending en banc case, addressing design patent law’s non-obviousness requirement, three amicus curiae briefs were filed in support of appellants, and three amicus curiae briefs were filed in support of neither party. As for petitions, highlights include a new petition presenting a question related to inducement of infringement and two denials in other patent cases. Here are the details.
Opinions & Orders – August 4, 2023
Today, the Federal Circuit released a nonprecedential opinion in a takings case. Late Thursday and this morning, the court also released five nonprecedential orders: four dismissing appeals and one erratum. Here is the introduction to the opinion and links to the dismissals and the erratum.
Recent En Banc Activity
Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include three new petitions in patent cases addressing claim construction, obviousness, and exceptional case status. Here are the details.
Update on Important Panel Activity
Here is this month’s update on activity in cases pending before panels of the Federal Circuit where the cases involve 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 two new patent cases; opinions in a Clean Water Act case and a pro se case; a summary affirmance in a patent case; and oral arguments in a pro se case, a trade case, and two related patent cases. Here are the details.
Opinions & Orders – June 15, 2023
This morning, the Federal Circuit released a precedential en banc opinion in a veterans case. In the opinion, the court held “that the claim-filing effective-date provisions of [38 U.S.C.] § 5110 are unconstitutional” as applied to the appellant based on his “very rare set of circumstances.” Notably, Judge Dyk filed an opinion concurring in the judgment, and Judge Hughes filed an opinion dissenting in part and dissenting from the judgment. In addition, late yesterday and this morning the court also released two nonprecedential orders dismissing appeals. Here are the introductions to the opinions and links to the dismissals.
Opinions & Orders – June 5, 2023
Late Friday and this morning, the Federal Circuit released three precedential opinions: two in related patent cases appealed from the Patent Trial and Appeal Board and one in a veterans case appealed from the Court of Appeals for Veterans Claims. The Federal Circuit also released two nonprecedential orders dismissing appeals. Here are the introductions to the opinions and links to the dismissals.
Opinions & Orders – May 26, 2023
Late yesterday and this morning, the Federal Circuit released a nonprecedential opinion in a patent case appealed from the International Trade Commission and addressing claim construction, infringement, and invalidity. The court also released a nonprecedential order dismissing an appeal. Here is the introduction to the opinion and a link to the dismissal.
Update on Important Panel Activity
Here is this month’s update on activity in cases pending before panels of the Federal Circuit where the cases involve 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 an opinion in a tax case, an opinion in a government contract case, a patent case and a pro se employment case with new briefing, and an oral argument recap in a case concerning the Clean Water Act. Here are the details.
Opinions & Orders – May 16, 2023
This morning, the Federal Circuit released four nonprecedential opinions, two in patent cases and two in pro se cases appealed from the Patent Trial and Appeal Board and the Merit Systems Protection Board. The court also released two nonprecedential orders, one denying a petition for a writ of mandamus seeking to order the Patent Trial and Appeal Board to vacate an inter partes review and one dismissing an appeal. Here are the introductions to the opinions and order and a link to the dismissal.