FedCircuitBlog

Here is an update on recent en banc activity at the Federal Circuit. In the only pending en banc case, a veterans case, the Department of Veterans Affairs filed its en banc brief. As for requests for rehearing en banc in patent cases, the court received a new petition filed by a pro se party and denied three petitions related to venue, eligibility, and claim construction. Here are the details.

This morning the Federal Circuit released a precedential opinion in a patent case, affirming the District of New Jersey’s judgment that the plaintiff did not establish proper venue under the patent venue statute with respect to the named domestic defendants and did not state a claim upon which relief could be granted with respect to the named foreign defendant. The Federal Circuit also released five Rule 36 judgments. Here is the introduction to the opinion and a list of the Rule 36 judgments.

This morning the Federal Circuit issued a precedential opinion in a trade case appealed from the Court of International Trade. The court also issued two nonprecedential opinions. The first comes in a veterans case appealed from the Court of Appeals for Veterans Claims. The second comes in an employment case appealed from the Merit Systems Protection Board. Finally, the court issued a Rule 36 judgment. Here are the introductions to the opinions and a link to the Rule 36 judgment.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to the Supreme Court’s October 2021 term, the Court still has not granted any petitions in cases decided by the Federal Circuit. Since our last update, however, a pro se party filed one new petition with the Court in a patent case. As for previously filed petitions, one amicus brief in a veterans case and one waiver of right to respond in a pro se case were filed. Here are the details.

This morning the Federal Circuit issued a nonprecedential opinion in a veterans case appealed from the Court of Appeals for Veterans Claims. The opinion addresses the denial of a motion for reconsideration by the Board of Veterans’ Appeals. The court also issued one erratum. Here is the introduction to the opinion and a link to the erratum.

This morning the Federal Circuit issued four nonprecedential opinions. Two come in patent cases appealed from the Patent Trial and Appeal Board and involving the same parties. One comes in an employment case appealed from the Merit Systems Protection Board. And one comes in a veterans case appealed from the Court of Appeals for Veterans Claims. The Federal Circuit also issued a nonprecedential order denying a petition for a writ of mandamus to direct the Eastern District of Texas to stay proceedings in a patent case. Here are the introductions to the opinions and order.

This morning the Federal Circuit issued two nonprecedential opinions, one in a veterans case appealed from the Court of Appeals for Veterans Claims and one in a case concerning the jurisdiction of the Court of Federal Claims. Here are the introductions to the opinions.

This morning the Federal Circuit issued three nonprecedential opinions. The first comes in a veterans case appealed from the Court of Appeals for Veterans Claims. The second and third come in government contract cases appealed from the Civilian Board of Contract Appeals and the Armed Services Board of Contract Appeals, respectively. Here are the introductions to the opinions.

This morning the Federal Circuit issued three Rule 36 judgments. Here are links to the judgments.

This morning the Federal Circuit issued a precedential in a patent case appealed from the District of North Dakota and addressing exceptionality and attorneys’ fees. The Federal Circuit also issued a nonprecedential opinion in a veterans case appealed from the Court of Appeals for Veterans Claims. Finally, the Federal Circuit issued three Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.