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 The Federal Circuit also released four nonprecedential opinions in cases appealed from the Merit Systems Protection Board, an arbitrator, and the Court of Appeals for Veterans Claims. The Federal Circuit also released two nonprecedential orders, two summary affirmances, and one dismissal.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.
Opinions & Orders – April 25, 2022
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Federal Circuit released a precedential opinion in combined appeals from the Court of International Trade as well as a nonprecedential order dismissing a petition for permission to appeal. Late Friday the court also released two nonprecedential orders dismissing appeals.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.
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 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.
Opinion Summary – MLC Intellectual Property, LLC v. Micron Technology, Inc.
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.
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:
- 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.
Opinions & Orders – August 26, 2021
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.
Recent Supreme Court Activity
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.
Opinions & Orders – May 4, 2021
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.
Recent Supreme Court Activity
Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit.
- One new amicus brief was filed by the New Civil Liberties Alliance in a case that has been granted certiorari, United States v. Arthrex, Inc.
- The Court granted the petition for certiorari in Minerva Surgical, Inc. v. Hologic, Inc.
- The Court received eight new petitions for writ of certiorari.
- Three new reply briefs were filed with the Court in the following cases: (1) adidas AG v. Nike, Inc., (2) Micron Technology, Inc. v. North Star Innovations, Inc., and (3) InfoBionic, Inc. v. Cardionet, LLC.
- One new amicus brief was filed in Argentum Pharmaceuticals LLC v. Novartis Pharmaceuticals Corporation by Jonathan Stroud
- Three new waivers of right to respond were filed with the Court.
- Lastly, the Court denied the petitions for writ of certiorari in ten cases.
Here are the details.
Opinions & Orders – December 23, 2020
This morning, the Federal Circuit issued a precedential opinion in a government contracts case, a nonprecedential opinion in a veterans case, and a nonprecedential opinion in a patent case. The Federal Circuit also denied two petitions for writs of mandamus in two nonprecedential orders. Finally, the court granted a petition for a writ of mandamus in another nonprecedential order. The writ of mandamus vacates an order by the Western District of Texas to hold a patent case in its Waco Division rather than its Austin Division. Here are the introductions to the opinions and text from the orders.