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.
Opinions & Orders – September 26, 2022
This morning the Federal Circuit released a precedential order in a personnel case appealed from an arbitrator’s decision. In its opinion, the Federal Circuit reversed the arbitrator’s decision, which had upheld the petitioner’s termination, and remanded the case to the arbitrator based on a violation of the petitioner’s due process rights. The Federal Circuit also released nonprecedential opinions in two cases appealed from the Merit Systems Protection Board. Finally, the Federal Circuit released two nonprecedential orders. One dismisses an appeal and one transfers an appeal due to lack of jurisdiction. Here are the introductions to the opinions, text from the order, and a link to the dismissal.
Opinions & Orders – September 8, 2022
This morning the Federal Circuit released three precedential opinions. The first comes in a patent case appealed from the Eastern District of Virginia; the second comes in a trade case appealed from the Court of International Trade; and the third comes in a veterans case appealed from the Court of Appeals for Veterans Claims. Notably, in the trade case, Judge Newman dissented. The Federal Circuit also released three nonprecedential opinions in patent cases appealed from the Court of Federal Claims, the District of South Carolina, and the Patent Trial and Appeal Board, respectively. Finally, the Federal Circuit released a nonprecedential order dismissing an appeal for failure to prosecute and a Rule 36 judgment. Here are the introductions to the opinions, a link to the dismissal, and a link to the Rule 36 judgment.
Opinions & Orders – September 7, 2022
This morning the Federal Circuit released a precedential opinion in a patent case appealed from the District of Delaware. In its opinion, the Federal Circuit affirmed the district court’s dismissal of a patent infringement complaint under the duplicative-litigation doctrine. The Federal Circuit also released three nonprecedential opinions. The first and second opinions come in veterans cases appealed from the Court of Appeals for Veterans Claims; the third comes in an employment case appealed from the Merit Systems Protection Board. Here are the introductions to the opinions.
Opinions & Orders – August 29, 2022
This morning the Federal Circuit released two precedential opinions. The first comes in a patent case appealed from the Patent Trial and Appeal Board; the second comes in a veterans case appealed from the Court of Appeals for Veterans Claims. The Federal Circuit also released a nonprecedential opinion in a trade case appealed from the Court of International Trade. Finally, the Federal Circuit released three nonprecedential orders dismissing appeals. Here are the introductions to the opinions and links to the dismissals.
Opinions & Orders – August 25, 2022
This morning the Federal Circuit released two nonprecedential orders. One grants a joint motion to dismiss an appeal; one grants a motion to remand a case to the Merit Systems Protection Board. Here is text from the orders.
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 in a takings case and a pro se case; the government waived its right to respond in a pro se case and a veterans case; and three amicus briefs were filed in a takings case and a patent case. Here are the details.
Opinions & Orders – August 5, 2022
This morning the Federal Circuit released a precedential opinion in a patent case appealed from the Eastern District of Virginia, concluding that the Patent Act requires an inventor to be a natural person. The Federal Circuit also released two nonprecedential orders. One dismisses an appeal for failure to prosecute; one grants the transfer of an appeal from the Eastern District of Pennsylvania to the Court of Appeals for the Third Circuit. Finally, the Federal Circuit released two Rule 36 judgments and an erratum. Here is the introduction to the opinion, text from the orders, and links to the Rule 36 judgments and erratum.
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.
Opinions & Orders – July 11, 2022
This morning the Federal Circuit released a precedential opinion in a patent case appealed from the Patent Trial and Appeal Board. Notably, Judge Newman dissented in part. The Federal Circuit also released a nonprecedential opinion in a case appealed from the Merit Systems Protection Board and an erratum. Here are the introductions to the opinions and a link to the erratum.