FedCircuitBlog

This morning the Federal Circuit released one nonprecedential opinion and one nonprecedential order. The opinion affirms four separate judgments of the Merit Systems Protection Board, and the order is a dismissal. Here is the introduction to the opinion and a link to the order.

Here is an update on recent en banc activity in patent cases at the Federal Circuit. All we have to report is one new petition raising a question about the authority of the International Trade Commission to institute an investigation. Here are the details.

This morning the Federal Circuit released one precedential opinion, four nonprecedential opinions, and two summary affirmances. The precedential opinion reverses and remands a judgment of the Court of Federal Claims in a case involving an application for attorneys’ fees under the Equal Access to Justice Act. Two of the nonprecedential opinions affirm the Merit Systems Protection Board, another dismisses an appeal from a judgment of the Court of Appeals for Veterans Claims, and the fourth affirms an anti-filing injunction entered by the District of Delaware in a patent case. The Federal Circuit also released two nonprecedential orders summarily affirming under Rule 36. Here are the introductions to the opinions and links to the orders.

This morning, the Federal Circuit released a precedential opinion in a patent case appealed from the International Trade Commission, a nonprecedential opinion in a government contract case, and two nonprecedential orders summarily affirming appeals under Rule 36. Late yesterday, the Federal Circuit also released a nonprecedential order dismissing an appeal. Here are the introductions to the opinions and links to the orders.

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 three opinions in cases that attracted amicus briefs: an Equal Pay Act case, a vaccine case, and a veterans case. Additionally, we highlight two new patent cases, new briefing in two patent cases, and oral arguments in nine cases last and this month. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit. Highlights include a new petition filed in a patent case raising a question at the intersection of infringement and claim construction, along with a denial of a petition in another patent case raising questions related to the domestic industry requirement at the International Trade Commission. Here are the details.

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.

Earlier this month, the Federal Circuit heard oral argument in Celanese International Corporation v. International Trade Commission. This is a patent case that attracted an amicus brief in support of reversal. In the appeal, the Federal Circuit is reviewing a determination by the International Trade Commission that, under the post-America Invents Act on-sale bar provision, the sale of products made by a secret process invalidates a subsequently filed patent application on that process. Judges Reyna, Mayer, and Cunningham heard the argument. This is our argument recap.

This morning, the Federal Circuit released two nonprecedential orders. One dismisses an appeal. The other grants a motion by both parties to stay an appeal until the only patent at issue expires, at which point the Clerk of Order is directed to dismiss the appeal. Here are the links to the orders.

This morning, the Federal Circuit released three nonprecedential opinions and two nonprecedential orders. All three of the opinions address pro se appeals—two opinions dismiss for lack of jurisdiction and one affirms a final order of the Merit Systems Protection Board. The orders are dismissals. Here are the introductions to the opinions and links to the orders.