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 the “high-stakes patent dispute between VirnetX and Apple” highlighting “VirnetX’s new petition asking the Supreme Court to review two important Federal Circuit rulings”; and
  • an article discussing how the U.S. Supreme Court “declined to rethink the court’s Alice and Mayo rulings on patent eligibility.”
Read More
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 with the Court. One came in a patent case addressing both joinder in inter partes review proceedings and the Federal Vacancies Reform Act. The other came in a case addressing the Fair Labor Standards Act. Additionally, three waivers of right to respond were filed in the same patent case, and a brief in opposition was filed in another patent case addressing joint inventorship. Finally, the Court denied nine petitions in three patent cases, a trade case, and five pro se cases. Here are the details.

Read More
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, a merits brief and an amicus brief were filed in Vidal v. Elster, a trademark case concerning the First Amendment. With respect to petitions, three new petitions were filed with the Court in two patent cases addressing eligibility and prosecution laches respectively and in a takings case. Additionally, waivers of right to respond were filed in the patent case addressing prosecution laches and in a pro se case, and a supplemental brief was filed with the Court in a patent case addressing eligibility. Finally, three amicus briefs were filed in a patent case addressing judicial review of determinations whether to institute inter partes review proceedings. Here are the details.

Read More
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 Tucker Act case asking the Court to consider questions related to alleged federal government payment obligations. Also, an amicus brief in support of a petition was filed in a patent case, and a waiver of right to respond was filed in a pro se case. Here are the details.

Read More
Supreme Court Activity

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. While no new petitions were filed with the Court, a waiver of right to respond was filed in a patent case. Here are the details.

Read More
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. The Court granted the petition for certiorari in Rudisill v. McDonough, a veterans case raising a question related to GI Bill educational assistance. With respect to petitions, two new petitions were filed, one in a patent and one in a pro se case; a brief in opposition was filed in a patent case concerning inter partes review estoppel; and the Court denied petitions in two patent cases and five pro se cases. Here are the details.

Read More
Opinions

Opinions & Orders – August 23, 2022

This morning the Federal Circuit released a precedential opinion in a patent case appealed from the Patent Trial and Appeal Board. The court affirmed the Board’s rejection of patent claims based on lack of subject matter eligibility. The Federal Circuit also released a nonprecedential order dismissing an appeal. Here is the introduction to the opinion and a link to the dismissal.

Read More