News

Recent News on the Federal Circuit

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 recently “the Federal Circuit denied a petition for mandamus relief from an order transferring a first-filed declaratory judgment action”;
  • another article explaining how “AstraZeneca has urged the US Court of Appeals for the Federal Circuit to revisit a split panel decision”;
  • another article detailing how a “Federal Circuit judge said Thursday the U.S. Supreme Court justices created ‘a trap for the unwary’ by keeping alive a doctrine barring inventors from challenging the validity of their own patents”; and
  • yet another article assessing how the Federal Circuit recently “address[ed] [the] ‘abuse of authority’ standard under [federal] whistleblower law.”
Read More
Opinions

Opinions & Orders – January 19, 2022

This morning the Federal Circuit issued a precedential opinion in a whistleblower retaliation case appealed from the Merit Systems Protection Board. The court also issued three nonprecedential opinions.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. And the third comes in a patent case appealed from the Patent Trial and Appeal Board. Notably, Judge Stoll dissented-in-part from the holding in the patent case. The court also issued a nonprecedential order granting a petition for a writ of mandamus, ordering the Eastern District of Texas to require transfer of a patent case. Finally, the court issued two Rule 36 judgments. Here are the introductions to the opinions and order and links to the Rule 36 judgments.

Read More
Opinions

Opinions & Orders – January 18, 2022

This morning the Federal Circuit issued three nonprecedential opinions. The first opinion comes in a patent case appealed from the Patent Trial Appeal Board, while the second and third opinions come in employment cases appealed from the Merit Systems Protection Board. Finally, the court released three Rule 36 judgments and one erratum. Here are the introductions to the opinions and links to the Rule 36 judgments and erratum.

Read More
Opinions

Opinions & Orders – December 15, 2021

This morning the Federal Circuit issued two nonprecedential opinions. The first comes in a case appealed from the Northern District of Alabama concerning a motion to transfer a Fair Labor Standards Act claim to the Court of Federal Claims. The second comes in an employment case appealed from the Merit Systems Protection Board concerning the jurisdiction of the Board. Here are the introductions to the opinions.

Read More
Opinions

Opinions & Orders – December 14, 2021

This morning the Federal Circuit issued a precedential opinion reviewing an order transferring an Equal Pay Act claim from the Eastern District of Louisiana to the Court of Federal Claims. The Federal Circuit also issued two nonprecedential opinions. The first comes in an employment case appealed from the Merit Systems Protection Board, while the second comes in a trademark case appealed from the Trademark Trial and Appeal Board. Finally, the court issued two Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.

Read More
Opinions

Opinions & Orders – December 9, 2021

This morning the Federal Circuit released two nonprecedential opinions affirming dismissals for lack of jurisdiction in pro se cases, along with a Rule 36 summary affirmance. Here are the introductions to the opinion and a link to the Rule 36 judgment.

Read More
Opinions

Opinions & Orders – November 17, 2021

This morning the Federal Circuit issued a precedential opinion in a government contract case appealed from the Court of Federal Claims. The court also issued five nonprecedential opinions. The first comes in a government contract case appealed from the Court of Federal Claims. The second comes in a veterans case appealed from the Court of Appeals for Veterans Claims. The third and fourth come in employment cases appealed from the Merit Systems Protection Board. And the fifth comes in a patent case appealed from the Western District of North Carolina. Finally, the court issued a nonprecedential order denying a petition for a writ of mandamus against the Court of Appeals for Veterans Claims. Here are the introductions to the opinions and order.

Read More
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, which began this week, the Court still has not granted any petitions in cases decided by the Federal Circuit. Since our last update, however, two new petitions have been filed with the Court: one in a veterans case and one filed by a pro se petitioner. As for previously filed petitions, one brief in opposition and two waivers of right to respond were filed. Finally, the Court denied 22 petitions following its first conference of the new term. Here are the details.

Read More
Opinions

Opinions & Orders – September 10, 2021

This morning the Federal Circuit issued two nonprecedential opinions in cases appealed from the Merit Systems Protection Board. The court also issued two nonprecedential orders denying petitions for writs of mandamus in patent cases pending in the United States District Court for the Western District of New York and the United States District Court for the Western District of Texas. Finally, the court issued a Rule 36 judgment. Here are the introductions to the opinions and orders and a link to the Rule 36 judgment.

Read More
Opinions

Opinions & Orders – September 1, 2021

This morning the Federal Circuit issued three precedential opinions in cases addressing trademark cancellation, damages for patent infringement, and alleged inequitable conduct during patent prosecution. The court also issued two nonprecedential opinions in cases addressing government employment and the jurisdiction of the Court of Federal Claims. Finally, the court also issued two Rule 36 judgments. Here are the introductions to the opinions and a list of the Rule 36 judgments.

Read More