FedCircuitBlog

Here is the first of two updates this week 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 in which the court, due to a motion to expedite, heard oral argument recently. Additionally, we highlight new briefings in two patent cases as well as four recent opinions. Here are the details.

Late yesterday and this morning, the Federal Circuit issued two nonprecedential opinions, three nonprecedential orders, and three Rule 36 judgments. In the first nonprecedential opinion, the court affirmed a judgment appealed from the Merit Systems Protection Board. In the second nonprecedential opinion, the Federal Circuit dismissed an appeal from the Court of Appeals for Veterans Claims for lack of jurisdiction. Finally, two of the nonprecedential orders dismiss appeals and one is an erratum. Here are the introductions to the opinions and links to the dismissals, Rule 36 judgments, and erratum.

This week is Court Week at the Federal Circuit. In total, the court will convene eleven panels to consider 49 cases this week and on Tuesday of next week. Of these 49 cases, the court will hear oral arguments in 37. The Federal Circuit is providing access to live audio of these arguments via the Federal Circuit’s YouTube channel. Of the argued cases, one cases attracted an amicus brief. Here’s what you need to know about this case.

One case being argued in March at the Federal Circuit attracted an amicus brief. That case is FS.COM Inc. v. International Trade Commission, a patent case. In this case, the Federal Circuit will review a determination by the ITC that Panduit Corp. and The Siemon Company infringed certain patents and The Siemon Company and FS.com Inc. infringed one patent. This is our argument preview.

This morning the Federal Circuit released a precedential opinion in a patent case appealed from the Central District of California. In it, the Federal Circuit affirms the district court’s claim construction, dismissal of a claim, and grant of summary judgment that trade dress is invalid, vacates a denial of summary judgment on an inequitable conduct defense, reverses a grant of summary judgment of invalidity, and remands the case. Late yesterday, the Federal Circuit also released two nonprecedential orders dismissing appeals. Here is the introduction to the opinion and links to the dismissals.

Late yesterday and this morning, the Federal Circuit released three nonprecedential orders. One grants an unopposed motion to deconsolidate appeals and dismiss an appeal; one transfers an appeal to the Court of Appeals for the Fifth Circuit; and one vacates an order denying transfer from the Eastern District of Texas to the Western District of Tennessee and remands the case. Here is text from the orders.

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 takings case, two patent cases with new briefing, one patent case in which one of three appellants voluntarily dismissed its appeal, and three cases (two takings cases and one government contracts case) with upcoming oral arguments. Here are the details.

This morning the Federal Circuit released a precedential opinion in a patent case appealed from the International Trade Commission. In the opinion, the Federal Circuit affirmed the Commission’s determination of no infringement and a lack of domestic industry as to one patent and, with respect to an expired patent, vacated and remanded the case with instructions to dismiss due to the patent’s expiration. Notably, in the course of analyzing infringement of the first patent, the court highlighted that “a computer-implemented claim drawn to a functional capability requires some showing that the accused computer-implemented device is programmed or otherwise configured, without modification, to perform the claimed function when in operation.” The Federal Circuit also released a nonprecedential order denying a motion for leave to proceed in forma pauperis and dismissing the appeal. Here is the introduction to the opinion and text from the order.

This morning the Federal Circuit released two nonprecedential orders. One grants a joint motion to dismiss an appeal; one grants a motion to remand a case to the Merit Systems Protection Board. Here is text from the orders.

This morning the Federal Circuit released a precedential opinion in a patent case appealed from the Eastern District of Virginia, concluding that the Patent Act requires an inventor to be a natural person. The Federal Circuit also released two nonprecedential orders. One dismisses an appeal for failure to prosecute; one grants the transfer of an appeal from the Eastern District of Pennsylvania to the Court of Appeals for the Third Circuit. Finally, the Federal Circuit released two Rule 36 judgments and an erratum. Here is the introduction to the opinion, text from the orders, and links to the Rule 36 judgments and erratum.