News

Recent News on the Federal Circuit

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.

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Panel Activity

Update on Important Panel Activity

Here is an 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 three recent dispositions in two patent cases and a case appealed from the Merit Systems Protection Board, a copyright case attracting two amicus briefs, new briefing (including a second amicus brief) in a patent case, and two recent oral arguments in a patent and a veterans case. Here are the details.

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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. Five new petitions were filed with the Court–four in patent cases and one in a pro se case. Additionally, the respondents in two different patent cases filed their briefs in opposition, while the Court requested a response to a petition in a government contract case. Upon the parties’ request, the Court dismissed Ariosa Diagnostics, Inc. v. Illumina Inc.. Finally, the Court denied two other petitions, one in a trademark case and one in a patent case.

Here are the details.

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Panel Activity

Case Update – Tao v. Merit Systems Protection Board

One of the three cases on the Federal Circuit’s hearing schedule last week that attracted an amicus brief was Tao v. Merit Systems Protection Board. Tao presented several arguments challenging the Merit Systems Protection Board’s dismissal of her individual right of action (“IRA”) appeal, which alleged violations of the Whistleblower Protection Enhancement Act of 2012. After the U.S. Office of Special Counsel filed an amicus brief in support of Tao, the Merit Systems Protection Board filed its own brief agreeing that the underlying judgment should be vacated and the case should be remanded for further adjudication. Unsurprisingly, late last week a panel of the court reversed in part, vacated in part, and remanded the case.

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Opinions

Opinions & Orders – May 7, 2021

This morning, the Federal Circuit issued a nonprecedential opinion in a case appealed from the Merit Systems Protection Board, two nonprecedential opinions in pro se patent cases, and a nonprecedential opinion in a taking cases. The court also issued an erratum and a Rule 36 summary affirmance. Here are the introductions to the opinions and links to the erratum and summary affirmance.

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Opinions

Opinion & Orders – May 5, 2021

This morning, the Federal Circuit issued five opinions: a precedential opinion in a patent case; two nonprecedential opinions involving the same appellant challenging separate decisions of the Merit Systems Protection Board; a nonprecedential opinion in a veterans case; and a nonprecedential opinion in an employment law case challenging an arbitrator’s decision. Here are the introductions of the opinions.

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Court Week / Panel Activity

Court Week – What You Need to Know

This week is Court Week at the Federal Circuit. The court will continue to hear oral arguments telephonically given the coronavirus pandemic, and again this month the court is providing access to live audio of each panel scheduled for argument via the court’s YouTube channel. In total, the court will convene 15 panels to consider 65 cases. Of these 65 cases, the court will hear oral arguments in 47, and three cases attracted amicus briefs: one a veterans case, one a patent case, and one a case challenging the Merit Systems Protection Board. Here’s what you need to know about these three cases.

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Argument Preview / Panel Activity

Argument Week Preview – Tao v. Merit Systems Protection Board

The third case being considered next week that attracted an amicus brief is Tao v. Merit Systems Protection Board. In this case, Tao presents several arguments challenging the Merit Systems Protection Board’s dismissal of her individual right of action (“IRA”) appeal, which alleged violations of the Whistleblower Protection Enhancement Act of 2012. Notably, the U.S. Office of Special Counsel filed an amicus brief in support of Tao. Moreover, following the amicus brief, the Merit Systems Protection Board filed its own brief agreeing that the underlying judgment should be vacated and the case should be remanded for further adjudication, and this case is not scheduled for oral argument. Nevertheless, here we summarize the arguments made in the briefs in anticipation of the court’s upcoming decision in this case.

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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 two recent oral arguments in a veteran’s case and a patent case, as well as three upcoming oral arguments in a patent case, veteran’s case, and a case concerning the jurisdiction of the Merit Systems Protection Board.

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Opinions

Opinions & Orders – March 23, 2021

This morning, the Federal Circuit issued one nonprecedential opinion in a case appealed from the Merit Systems Protection Board and one nonprecedential opinion in a veterans case. The court also issued one nonprecedential order denying a petition for a writ of mandamus to reverse a transfer order by the Western District of Texas. Here are the introductions to the opinions and text from the order.

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