FedCircuitBlog

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

• an article discussing how the Patent Office “let’s women shine in court while Big Law sends men,”
• commentary on a Federal Circuit decision addressing the timeline limitations on interlocutory appeals,
• a blog post discussing a transition in the position of the Deputy Director of the USPTO, and
• an article highlighting a Federal Circuit case that may determine an Appointments Clause challenge to the members of the Merit Systems Protection Board.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Currently, with respect to the Supreme Court’s October 2021 term, the Court has not granted any petitions in cases decided by the Federal Circuit. As for pending petitions, since our last update four new petitions were filed in a patent case, a case challenging the Federal Circuit’s use of Rule 36 summary affirmances, and two pro se cases; the government submitted waivers of right to respond in four pro se cases; and the government filed a brief in opposition in a veterans case. Here are the details.

This morning the Federal Circuit issued two precedential opinions, one affirming a district court’s motion to dismiss for improper venue and another dismissing a case for lack of jurisdiction. The court also issued two nonprecedential opinions, one affirming a decision by the Merit Systems Protection Board to dismiss for lack of jurisdiction and another affirming a decision by the Court of Appeals for Veterans Claims for lack of jurisdiction. Here are the introductions to the opinions.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Currently, with respect to the Supreme Court’s October 2021 term, the Court has not granted any petitions in cases decided by the Federal Circuit. As for pending petitions, since our last update four new pro se petitions were filed and the government submitted a waiver of right to respond in another pro se case. Here are the details.

This morning the Federal Circuit issued two precedential opinions, both affirming lower court decisions finding a lack of jurisdiction, one by the Court of Federal Claims and one by the Court of International Trade. Additionally, the Federal Circuit issued five nonprecedential opinions, one in a case appealed from the Merit Systems Protection Board, three in patent cases appealed from district courts, and one in a veteran case appealed from the Court of Appeals for Veterans Claims. Here are the introductions to the opinions.

This morning the Federal Circuit issued a nonprecedential opinion affirming a decision by the Merit Systems Protection Board to dismiss a claim based on laches. The court also issued two Rule 36 judgments. Here is the introduction to the opinion and the links to the Rule 36 judgments.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. As for granted cases, we are still waiting for the Supreme Court to issue opinions in the two pending patent cases. As for petition cases, three new petitions were filed in patent, tax, and pro se cases; one petitioner filed a reply brief in a patent case; one respondent submitted its waiver of right to respond in a pro se case; and the Court dismissed one patent case and denied the petitions in two additional patent cases.

Here are the details.

Federal Circuit affirms decision to toss iPhone dual-camera patent lawsuit – Mike Peterson posted a piece on AppleInsider.com discussing a recent win by Apple at the Federal Circuit on the issue of patent eligibility, where the court found patent claims to be directed to an abstract idea.

Alice Ax Of TV Patent Defied Precedent, Full Fed. Circ. Told – An article on Law360.com discussed a recent petition seeking rehearing on another decision by a Federal Circuit panel on the issue of patent eligibility, where the court also found patent claims to be directed to an abstract idea.

Piercing Halo’s Haze at Year Five: Smoke Clearing on Enhanced Damages – On IPWatchDog.com, Michael Cicero reports on the impact of the Supreme Court’s Halo decision on patentees.

Even Feds With Lifetime Tenure Can Be Fired for Cause, Court Rules – In an article on GovExec.com, Eric Katz explained how in a recent precedential decision the Federal Circuit decided that dismissal of federal employees “does not require a special procedure.”

Today the Federal Circuit released a precedential opinion affirming a decision of ineligibility in a patent case appealed from the United States District Court for the Northern District of California. Judge Newman dissented. The court also released two nonprecedential opinions in cases appealed from the Merit Systems Protection Board and a Rule 36 judgment. Here are the introductions to the opinions and a link to the Rule 36 judgment.

Agency May Deny Patents if Inventors Delay Process, Court Says – Perry Cooper submitted an article on BloombergLaw.com about repercussions of a recent Federal Circuit case addressing prosecution laches, Hyatt v. Hirshfeld. 

How to Get “Boxed-In” and Blow a Judgment You Received: Sleeping in the Bed You Made – Five authors, Amanda Murphy, Brooke Winer, Melissa Santos, Grodan Wright, and Thomas Irving, wrote an article posted on NationalLawReview.com reporting on the holding from a recent Federal Circuit patent case, Cap Export, LLC v. Zinus, Inc., where the Federal Circuit affirmed a district court’s decision to set aside a judgment based on “affirmative misrepresentations” related to alleged prior art.

Recent Case Action Restores Confidence in Federal Whistleblowers – Mathew B. Tully reported on FedSmith.com that a recent decision by the Federal Circuit, Tao v. Merit Systems Protection Board, “has favorable implications for federal employee whistleblowers.”

Here is the latest.