FedCircuitBlog

This morning, the Federal Circuit released a precedential opinion and a nonprecedential opinion in two cases appealed from the Merit Systems Protection Board. The court also released five nonprecedential orders, which included three summary affirmances and two dismissals. Here are the introductions of the opinion and links to the orders.

This morning, the Federal Circuit released two precedential opinions, two nonprecedential opinions, two nonprecedential orders, and three Rule 36 judgments. In the precedential opinions, the court respectively affirmed a judgment of the Court of Appeals for Veterans Claims and affirmed a judgment in a copyright case appealed from the Eastern District of Texas. Notably, Judge Newman dissented in the copyright case. In the nonprecedential opinions, the Federal Circuit respectively affirmed a dismissal for lack of jurisdiction by the Court of Federal Claims and affirmed a judgment of the Patent Trial and Appeal Board. In the nonprecedential orders, the Federal Circuit respectively transferred an appeal to the Court of Appeals for the District of Columbia Circuit and dismissed an appeal. Here are the introductions to the opinions, text from the orders, and links to the dismissal and Rule 36 judgments.

Today, the Federal Circuit released two precedential opinions, one in a government contract case appealed from the Court of Federal Claims and one in a patent case appealed from the Patent Trial and Appeal Board. The Federal Circuit also released four nonprecedential opinions in cases appealed from the Merit Systems Protection Board, an arbitrator, and the Court of Appeals for Veterans Claims. The Federal Circuit also released two nonprecedential orders, two summary affirmances, and one dismissal. Here are the introductions to the opinions and links to the summary affirmances and dismissal.

This morning the Federal Circuit released a precedential opinion in combined appeals from the Court of International Trade as well as a nonprecedential order dismissing a petition for permission to appeal. Late Friday the court also released two nonprecedential orders dismissing appeals. Here are the introductions to the opinion and orders.

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 three dispositions in a veterans case appealed from the Court of Appeals for Veterans Claims, a patent case appealed from a federal district court, and a tax case appealed from the Court of International Trade. We also highlight a new patent case raising a question related to personal jurisdiction and service of process, along with a copyright case that attracted five new amicus briefs. Here are the details.

On August 26 the Federal Circuit issued its opinion in MLC Intellectual Property, LLC v. Micron Technology, Inc., a patent case we have been following because it attracted three amicus briefs. Judge Stoll authored the panel’s opinion, which relates to damages law and the exclusion of expert testimony seeking to present a reasonable royalty analysis. This is our opinion summary.

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

• a Federal Circuit opinion reversing a $1.2 billion dollar jury verdict;
• the use of court-appointed technical advisors by federal district courts in patent cases;
• how the Federal Circuit affirmed a district court’s order prohibiting certain expert testimony related to damages in a patent case; and
• a Federal Circuit opinion in a patent case addressing the construction of a claim preamble.

This morning the Federal Circuit issued six precedential opinions in veterans, government contract, and patent cases. The patent cases address issues of claim construction, damages expert testimony, the written description requirement, and eligibility. The court also issued two nonprecedential opinions in related patent cases. 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. As for granted cases, this week the Court decided Minerva Surgical, Inc. v. Hologic, Inc., in which the Court overturned the Federal Circuit’s approach to the assignor estoppel doctrine. Additionally, three cases were granted, vacated, and remanded based on the decision in United States v. Arthrex, Inc. regarding application of the Appointments Clause to administrative patent judges. As for petition cases:

Here are the details.

• a reply brief was submitted in support of a petition in a government contract case;
• the government filed a waiver of right to respond in a patent case;
• the Court dismissed one petition; and
• the Court denied five petitions, including four regarding application of the Appointments Clause to administrative patent judges.

This morning, the Federal Circuit released a nonprecedential opinion affirming a judgment by the Patent Trial and Appeal Board in an inter partes review proceeding. The court also released a nonprecedential order denying a petition for a writ of mandamus in a patent infringement case in which the parties disputed whether settlement agreements were discoverable or privileged. Finally, the court released a Rule 36 summary affirmance. Here are introductions to the opinions and a link to the summary affirmance.