Opinions

Opinions & Orders – September 14, 2021

This morning the Federal Circuit issued two precedential opinions. The first comes in a patent case appealed from the U.S. District Court for the Middle District of Florida, and the second comes in a veterans case appealed from the U.S. Court of Appeals for Veterans Claims. The Federal Circuit also issued a nonprecedential opinion in another veterans case and a Rule 36 judgment. Here are the introductions to the opinions and a link to the Rule 36 judgment.

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Opinions

Opinions & Orders – September 7, 2021

This morning the Federal Circuit issued nonprecedential opinions in two pro se cases appealed from the United States Court of Federal Claims and the United States Court of Appeals for Veterans Claims. The court also issued three Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.

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Opinions / Panel Activity

Opinion Summary – Larson v. McDonough

On August 26 the Federal Circuit issued its opinion in Larson v. McDonough, a case we have been following because it attracted an amicus brief. The case was argued before Judges Newman, Reyna, and Hughes. The judges considered whether the court should overrule what Larson characterized as the Veterans Court’s prohibition of reviewing Board of Veterans Appeals decisions regarding the Department of Veterans Affairs Schedule of Disabilities. Judge Hughes authored the court’s opinion, which reversed and remanded the case back to the Veterans Court. This is our opinion summary. 

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Opinions

Opinions & Orders – September 2, 2021

This morning the Federal Circuit issued a precedential opinion in a case addressing the jurisdiction of the United States Court of International Trade. The court also issued a nonprecedential opinion in a case appealed from the Patent Trial and Appeal Board addressing subject matter eligibility. Finally, the court also issued four Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.

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Opinions

Opinions & Orders – August 31, 2021

This morning the Federal Circuit issued a precedential opinion in a trade case appealed from the United States Court of International Trade. The court also issued three nonprecedential opinions in employment and veteran cases appealed from the Merit Systems Protection Board and the United States Court of Appeals for Veterans Claims respectively. Finally, the court also issued six Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.

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Opinions

Opinions & Orders – August 26, 2021

This morning the Federal Circuit issued six precedential opinions in veterans, government contract, and patent cases. The patent cases address issues of claim construction, damages expert testimony, the written description requirement, and eligibility. The court also issued two nonprecedential opinions in related patent cases. Here are the introductions to the opinions.

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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 the Supreme Court’s October 2021 term, the Court still has not granted any petitions in cases decided by the Federal Circuit. As for pending petitions, since our last update five new petitions were filed with the Court: one in a government contract case, one in a veterans case, two in takings cases, and one in a pro se case. Additionally, two waivers of rights to respond were filed, one amicus brief was filed in a takings case, and three briefs in opposition to petitions addressing patent eligibility and preclusion were filed. Here are the details.

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Opinions / Panel Activity

Opinion Summary – Buffington v. McDonough

On August 6 the Federal Circuit issued its opinion in Buffington v. McDonough, a case we have been following because it attracted an amicus brief. The case was argued before Chief Judge Moore as well as Judges Lourie and O’Malley. These judges considered whether the Secretary of Veterans Affairs exceeded his statutory authority when he promulgating a regulation related to the timing of resumption of disability benefits payments following a period of active military service. Chief Judge Moore authored the majority opinion in the case, affirming the U.S. Court of Appeals for Veterans Claims. Judge O’Malley dissented. This is our opinion summary. 

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Panel Activity

Update on Important Panel Activity

Here is this month’s 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 six dispositions, one new case, one case with new briefing, and one oral argument recap. Here are the details.

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News

Recent News on the Federal Circuit

Federal Circuit Upholds Teva-GlaxoSmithKline Decision, Landing Another Blow to ‘Skinny’ Labels – On EndPointsNews, Zachary Brennan wrote about the Federal Circuit’s most recent disposition in the case GlaxoSmithKline LLC v. Teva Pharmaceuticals USA, Inc. and its impact on generic drug competition.

CAFC Again Says Teva Induced Infringement on Carvedilol, Assures Holding Narrowly Applies – Eileen McDermott also reports on GlaxoSmithKline LLC v. Teva Pharmaceuticals USA, Inc., noting that the Federal Circuit “underscored its October 2020 ruling.”

Fed Circ Upholds VA Cutoff On Resuming Disability Benefits – Barbara Grzincic wrote an article for Reuters explaining the Federal Circuit’s decision in Buffington v. McDonough.

Is the Federal Circuit Too Trigger-Happy Invalidating Means Claims? – This question is asked by Dennis Crouch on PatentlyO, where Crouch focuses on “an interesting petition to the Supreme Court focusing on indefiniteness and means-plus-function claims.”

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