Panel Activity

Update on Important Panel Activity

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 four new cases that attracted amicus briefs: three patent cases and a case concerning the jurisdiction of the Merit System Protection Board. Additionally, we identified a new amicus brief filed in a patent case and highlight recent oral arguments in another patent case. Here are the details.

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Court Week

Court Week – February 2024 – What You Need to Know

This week is Court Week at the Federal Circuit. In total, the court will convene 12 panels to consider 57 cases. Of these 57 cases, the court will hear oral arguments in 43. The Federal Circuit is providing access to live audio of these arguments via the Federal Circuit’s YouTube channel. This month, two cases scheduled for oral argument attracted amicus briefs. Here’s what you need to know about these two cases.

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Argument Preview

Argument Preview – Jones v. Merit Systems Protection Board

Two cases being argued this month at the Federal Circuit attracted amicus briefs. One of these cases is Jones v. Merit Systems Protection Board. In it, the Federal Circuit will review a judgment of the Merit Systems Protection Board. The Board found it lacked jurisdiction over an appeal because the appellant failed to prove he was an “employee” within the meaning of the Civil Service Reform Act of 1978. This is our argument preview.

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Opinions

Opinions & Orders – December 8, 2023

Today the Federal Circuit released four nonprecedential opinion in pro se cases. The court also released three nonprecedential orders. One affirms a dismissal in a pro se case, one grants a summary affirmance, and one grants a dismissal. Here are the introductions to the opinions, the introduction to the order affirming the dismissal, and links to the other orders.

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Opinions

Opinions & Orders – December 6, 2023

This morning, the Federal Circuit released one precedential opinion in a trade case appealed from the Court of International Trade and four nonprecedential opinions in pro se cases. The Federal Circuit also released four nonprecedential orders, three granting summary affirmances and one dismissing an appeal. Here are the introductions to the opinions and links to the orders.

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Opinions

Opinions & Orders – November 6, 2023

This morning, the Federal Circuit released one precedential opinion, one nonprecedential opinion, and six nonprecedential orders. The precedential opinion comes in an appeal in a patent case involving a challenge to a claim construction and addresses the use of extrinsic evidence in consideration of the claim construction. The nonprecedential opinion addresses a petition for review of a final order of the Merit Systems Protection Board. Of the six orders, one transfers an appeal to the Court of Appeals for the Ninth Circuit, and the remaining five orders are dismissals. Here are the introductions to the opinions, selected text from the transfer order, and links to the dismissals.

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Opinions

Opinions & Orders – October 13, 2023

This morning, the Federal Circuit released one precedential opinion, three nonprecedential opinions, and six nonprecedential orders. The precedential opinion, which inspired an opinion concurring in part and dissenting in part, vacates a district court’s judgment of invalidity in a patent case. One nonprecedential opinion addresses subject matter jurisdiction; another addresses an appeal from a Patent Trial and Appeal Board decision finding certain claims unpatentable as obvious or as anticipated; and the third also addresses a patent appeal regarding obviousness. One order grants a motion to remand a case to the Merit Systems Protection Board, two orders deny petitions for writs of mandamus, and one order transfers an appeal to the United States Court of Appeals for the Sixth Circuit. Finally, two orders dismiss appeals. Here are the introductions to the opinions, selected text from orders, and links to the dismissals.

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Opinions

Opinions & Orders – August 10, 2023

This morning, the Federal Circuit released two nonprecedential opinions, one in a patent case addressing obviousness and one addressing jurisdiction in a case involving an appeal from the Court of Federal Claims. The Federal Circuit also released two nonprecedential orders, one transferring a case to a district court and another dismissing an appeal. Here are the introductions to the opinions, text from the order transferring a case, and a link to the dismissal.

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Petitions / Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, there is no new activity to report since our last update. With respect to petitions, one new petition was filed in a patent case; a party waived its right to respond in another patent case; the government waived its right to respond in a pro se case; and the Court denied nine petitions. Here are the details. 

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Petitions / Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, Amgen filed its opening merits brief in Amgen Inc. v. Sanofi, Aventisub LLC, which concerns patent law’s enablement requirement. With respect to petitions, although no new petitions were filed with the Court, a brief in opposition and a reply brief were filed in patent case concerning inter partes review estoppel, and another reply brief was filed in a veterans case. Here are the details. 

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