Late yesterday and this morning, the Federal Circuit released one precedential opinion, one nonprecedential opinion, and one nonprecedential order. In the precedential opinion, the court affirmed a judgment of the Trademark Trial and Appeal Board. In the nonprecedential opinion, the court affirmed a judgment of the Patent Trial and Appeal Board. And the nonprecedential order dismisses an appeal. Here are the introductions to the opinions and link to the dismissal.
Opinions and Orders – March 31, 2023
This morning, the Federal Circuit released two precedential opinions and two nonprecedential opinions. In the first precedential opinion, the court affirmed a judgment of the Patent Trial and Appeal Board. In the second precedential opinion, the Federal Circuit affirmed a judgment of the International Trade Commission. In the first nonprecedential opinion, the Federal Circuit vacated and remanded a judgment of the Eastern District of Texas in a patent case with instructions to dismiss the case as moot. In the second nonprecedential opinion, the Federal Circuit affirmed another judgment of the Patent Trial and Appeal Board. Here are the introductions to the opinions.
Argument Recap – FS.COM Inc. v. International Trade Commission
The Federal Circuit heard oral argument earlier this month in FS.COM Inc. v. International Trade Commission, a patent case that attracted an amicus brief. In this case, the Federal Circuit is reviewing 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. The panel hearing the oral argument included Chief Judge Moore and Judges Prost and Hughes. This is our argument recap.
Update on Important Panel Activity
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.
Opinions & Orders – March 14, 2023
Late yesterday and this morning, the Federal Circuit issued two nonprecedential opinions, three nonprecedential orders, and three Rule 36 judgments. In the first nonprecedential opinion, the court affirmed a judgment appealed from the Merit Systems Protection Board.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.
Court Week – What You Need to Know
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.
Argument Preview – FS.COM Inc. v. International Trade Commission
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.
Opinions & Orders – December 20, 2022
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.
Opinions & Orders – October 19, 2022
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.
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 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.