FedCircuitBlog

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.

Last month the Federal Circuit issued its opinion in Jacki Easlick, LLC v. Accencyc US, a design patent case we have been following because it attracted an amicus brief. In this case, Jacki Easlick, LLC and JE Corporate, LLC appealed a district court’s denial of a motion for a preliminary injunction as well as a denial of a subsequent motion for reconsideration. In an opinion authored by Judge Prost and joined by Judges Dyk and Schall, the court affirmed the lower court. This is our summary of the opinion.

Late Friday, the Federal Circuit released two nonprecedential orders. One order dismissed an appeal and the other dismissed a petition. This morning, the Federal Circuit released one errata and one nonprecedential order. The nonprecedential order dismissed an appeal. Here are the links to the errata and the dismissals.

Late yesterday, the Federal Circuit released two nonprecedential orders dismissing petitions. This morning, the Federal Circuit released two precedential opinions, two nonprecedential opinions, and one nonprecedential order. One of the precedential opinions comes in a response to a petition seeking to have the en banc court reconsider a panel’s review of a decision of the Merit Systems Protection Board. Today’s nonprecedential order explains that the en banc court granted rehearing in response to the petition and the withdrew and replaced the panel’s opinion with a modified opinion that includes one part that is joined by all of the active judges that participated in the vote on rehearing. The other precedential opinion comes in a patent case appealed from the Patent Trial and Appeal Board. One of the nonprecedential opinions comes in a case appealed from the Court of Federal Claims, and the other comes in a patent case appealed from the Western District of Pennsylvania. Here are the introductions to the opinions and today’s order as well as links to the dismissals.

Last week, the Federal Circuit court heard oral argument in Jacki Easlick, LLC v. AccEncyc US, a design patent case we have been tracking because it attracted an amicus brief. In this case, Jacki Easlick, LLC and JE Corporate, LLC appeal a district court’s denial of a motion for a preliminary injunction. Judges Dyk, Schall, and Prost heard the oral argument. This is our argument recap.

This week, and as it turns out, next Monday, is Court week at the Federal Circuit. The court will convene 14 panels to consider 70 cases. Of the 70 cases, the court will hear oral argument in 55. The Federal Circuit provides access to live audio of these arguments via the Federal Circuits YouTube channel. This month, four cases schedules for oral argument attracted amicus briefs. Here’s what you need to know about these four cases.

As we have previously reported, four cases being argued at the Federal Circuit in March attracted amicus briefs. One of these cases is Jacki Easlick, LLC v. AccEncyc US, a design patent case. In it, Jacki Easlick, LLC and JE Corporate, LLC appeal a district court’s denial of a motion for a preliminary injunction. This is our argument preview.

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. With respect to these cases, since our last update we highlight five new opinions, four in patent cases and one in a government contract case; two new argument recaps, one in a trademark case and one in a trade case; and three new cases, one a design patent case and two utility patent cases. Here are the details.