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 regard to granted cases, the Secretary of Veterans Affairs filed its merits brief in Arellano v. McDonough. With respect to petitions, four new petitions were filed with the Court, one in a patent case, one in a case addressing the jurisdiction of the Federal Circuit, and two in pro se cases; seven amicus briefs were filed in support of the petitions in two patent cases addressing the written description requirement; and the Court dismissed a petition in another pro se case. Here are the details.

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Opinions

Opinions & Orders – July 20, 2022

This morning the Federal Circuit released three nonprecedential opinions in a patent and two veterans cases. Late yesterday and today the court also released three nonprecedential orders; two transfer appeals and one dismisses an appeal. Here are the introductions to the opinions and text from the orders.

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Opinions

Opinions & Orders – July 18, 2022

This morning the Federal Circuit released three precedential opinions. The first comes in a patent case appealed from the District of Delaware; the second comes in a veterans case appealed from the Court of Appeals for Veterans Claims; and the third comes in a government contract case appealed from the Court of Federal Claims. The Federal Circuit also released two nonprecedential opinions. The first comes in a patent case appealed from the Patent Trial and Appeal Board; the second comes in another patent case appealed from the District of Delaware. Notably, in the second patent case, Judge Newman dissented. Finally, the Federal Circuit released four nonprecedential orders dismissing appeals. Here are the introductions to the opinions and links to the dismissals.

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Opinions & Orders – July 13, 2022

This morning the Federal Circuit released a precedential opinion in a patent case appealed from the District of Delaware, affirming the district court’s denial of a motion for a preliminary injunction. The Federal Circuit also released a nonprecedential opinion in a veterans case appealed from the Court of Appeals for Veterans Claims. Here are the introductions to the opinions.

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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 a pending en banc veterans case, the court received two amicus briefs in support of the appellee, a veteran. The court also received two new petitions raising questions related to obviousness-based inherency of claims, the Federal Vacancies Reform Act, and the grounds for inter partes review proceedings. Finally, the court denied two petitions for rehearing en banc raising questions related to means-plus-function limitations. Here are the details.

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Opinions

Opinions & Orders – July 7, 2022

This morning the Federal Circuit released three nonprecedential opinions. The first comes in a case appealed from the Merit Systems Protection Board; the second in a veterans case appealed from the Court of Appeals for Veterans Claims; and the third in a patent case appealed from the District of Delaware. The Federal Circuit also released three Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.

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Opinions

Opinions & Orders – July 6, 2022

This morning the Federal Circuit released a precedential opinion in a trade case, affirming the Court of International Trade’s decision to sustain a Department of Commerce antidumping order. The Federal Circuit also released a nonprecedential opinion in a veterans case and a nonprecedential order granting an unopposed motion to dismiss an appeal. Here are the introductions to the opinions and text from the order.

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Opinions

Opinions & Orders – June 29, 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, vacating the Veterans Court’s decision and remanding the case. Notably, Judge Bryson wrote a dissent disagreeing with the majority’s analysis of causation. The second opinion comes in a trademark case appealed from the Trademark Trial and Appeal Board, reversing the Board’s decision. Notably, in the second case, Judge Reyna wrote a concurring opinion. Here are the introductions to the opinions.

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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. The court sua sponte granted en banc consideration in a case appealed from the Court of Federal Claims. In another pending en banc veterans case, the veteran filed his en banc response brief, and the Federal Circuit scheduled the case for oral argument in October. The court also received a new petition raising questions related to the court’s grant of a petition for a writ of mandamus to order transfer of a patent case from the Western District of Texas to the Northern District of California. Here are the details.

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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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