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, two new petitions were filed, both in pro se cases; the government waived its right to respond in two other pro se cases and a Merit Systems Protection Board case; the government filed a brief in opposition in a veterans case; three petitioners filed reply briefs in three takings cases; two amicus briefs were filed in a veterans case and one amicus brief was filed in a patent case concerning inter partes review estoppel; and, finally, the Court denied three petitions, one in a judicial disqualification case and two in pro se cases. 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, there is no new activity to report since our last update. With respect to petitions, one new petition was filed in a pro se case; the government waived its right to respond in another pro se case; a brief in opposition was filed in a case concerning judicial disqualification; three amicus briefs were filed in a patent case; and the Court denied two petitions, one in a veterans case and another in a pro se case. 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, there is no new activity to report since our last update. With respect to petitions, while no new petitions were filed with the Court, a party waived its right to respond in a patent case, the government waived its right to respond in a pro se case, and a reply in support of a petition was filed in a takings case. 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, the Supreme Court heard arguments this week in Arellano v. McDonough, a veterans case. With respect to petitions, two new petitions were filed with the Court in a patent case and a pro se case; the government waived its right to respond to a petition filed in a pro se case; the Court invited the Solicitor General to file briefs expressing the views of the United States in two patent cases related to so-called skinny labelling and eligibility, respectively; a supplemental brief was filed in a patent case raising questions related to patent law’s enablement requirement; a reply brief was submitted in a veterans case addressing the standard of proof governing rejection of disability claims; and, finally, the Court denied more than 20 petitions. Here are the details.

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News

Recent News on the Federal Circuit

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

  • a blog post about Judge Albright granting a motion to transfer venue while determining “the Federal Circuit had reached conclusions different from the Fifth Circuit on what Fifth Circuit law was”;
  • another blog post about a Supreme Court petition that “seek[s] clarification of the collateral estoppel doctrine” applied by the Federal Circuit to patent infringement litigation after a patent is invalidated in a proceeding before the Patent Trial and Appeal Board; and
  • an article about Formula One settling a patent infringement suit over a mandatory safety feature.
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Opinions

Opinions & Orders – June 28, 2022

This morning the Federal Circuit released two precedential opinions. The first comes in a veterans case appealed from the Court of Appeals for Veterans Claims; the second comes in a case appealed from the Western District of Wisconsin and reverses a contempt finding based on an alleged violation of protective order. Notably, in the second case, Judge Reyna filed a dissent. The Federal Circuit also released a precedential order sua sponte granting en banc consideration to a case appealed from the Court of Federal Claims. The Federal Circuit released a nonprecedential opinion in a trade case appealed from the Court of International Trade and three nonprecedential orders denying petitions for a writ of mandamus, denying a petition for a writ of control, and granting a motion for a summary affirmance. Here are the introductions to the opinions and text from the orders.

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En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received three new petitions raising questions related to ­­means-plus-function limitations and transfers. The court also denied five petitions for rehearing raising issues including the standard for granting a motion to seal court records, choice of law, estoppel arising from inter partes review, and claim construction. Here are the details.

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En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received a new petition raising a question related to collateral estoppel between patent infringement actions and determinations of the Patent Trial and Appeal Board. The court also invited a response to a petition raising a question related to the scope of usable prior art in inter partes review proceedings. Here are the details.

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Opinions

Opinions & Orders – October 6, 2021

This morning the Federal Circuit issued a nonprecedential opinion in a patent case appealed from the United States District Court for the District of Minnesota. The court also issued a nonprecedential order granting a writ of mandamus to require transfer of a patent case from the Western District of Texas to the Northern District of California. Finally, the Federal Circuit also issued two Rule 36 judgments. Here are the introductions to the opinion and order and links to the Rule 36 judgments.

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