FedCircuitBlog

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Petitioners filed three new petitions, one presenting a question regarding waiver of alternative grounds for affirmance, one presenting a question regarding the burden of proving non-enablement in an inter partes review proceeding, and one presenting a question regarding injunctive relief pending a mandate. Additionally, the Federal Circuit issued an invitation for a response to a petition raising a question regarding the listing of patents in the Orange Book. Finally, a response was filed to the petition raising a question regarding injunctive relief pending a mandate. Here are the details.

This morning the Federal Circuit released two precedential opinions, one in a copyright case and one in a trade case. The court also released three nonprecedential opinions, two in patent cases and one in a trade case. The court also released an erratum. Here are the introductions to the opinions and a link to the erratum.

Late yesterday, the Federal Circuit released a precedential opinion reversing, vacating, and remanding a case appealed from the Patent Trial and Appeal Board. This morning, the Federal Circuit released three nonprecedential orders. The first grants a motion to remand appeals to the Court of Federal Claims. The others are dismissals. Here is the introduction to the opinion, the introduction to the order remanding appeals, and the links to the dismissals.

This morning, the Federal Circuit released four nonprecedential opinions, one nonprecedential order, and six Rule 36 summary affirmances. One of the opinions addresses an appeal challenging several orders of a district court in a patent case. Another of the opinions challenges a final written decision of the Patent Trial and Appeal Board in an inter partes review proceeding. The other two opinions address appeals from judgments of the Merit Systems Protection Board and the Court of Appeals for Veterans Claims. The nonprecedential order denies a petition for writ of mandamus seeking to direct the Trademark Trial and Appeal Board to vacate an order staying proceedings. Here are the introductions to the opinions, selected text from the order, and links to the summary affirmances.

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 Supreme Court “justices declined to review the Federal Circuit’s holding that the one-year window for filing inter partes review petitions does not apply to companies seeking to join a challenge brought by another company”; and
• an article presenting “post-argument thoughts” on the Federal Circuit’s recent “en banc oral argument to reconsider the obviousness test for design patents.”

This morning, the Federal Circuit released four nonprecedential opinions and two nonprecedential orders. Two of the opinions dismiss appeals from the Court of Appeals for Veterans Claims for lack of jurisdiction. The other two opinions address appeals from final written decisions of the Patent Trial and Appeal Board, which found certain patent claims unpatentable. The two orders deny petitions for writs of mandamus. Here are the introductions to the opinions and selected text from the orders.

This morning, the Federal Circuit released two nonprecedential orders dismissing appeals. Here are the links to the orders.

This morning, the Federal Circuit released one precedential opinion, one nonprecedential opinion, and one Rule 36 summary affirmance. The precedential opinion, which attracted one amicus brief, addresses two issues in a case appealed from the Court of International Trade: the President’s authority to modify safeguard measures in a trade-restrictive manner and the appropriate procedures under the Trade Act for doing so. The nonprecedential opinion addresses an appeal from a judgment of the Trademark Trial and Appeal Board affirming an examining attorney’s refusal to register a mark. Here are the introductions to the opinions and a link to the summary affirmance.

This morning, the Federal Circuit released a nonprecedential opinion in a patent case concerning obviousness. The court also released eight nonprecedential orders, which included a grant of a petition for a writ of mandamus to order the Western District of Texas to transfer a patent case, a grant of a motion to dismiss for lack of jurisdiction, four summary affirmances, and two dismissals. Here are the introductions to the opinion and orders and links to the summary affirmances and dismissals.

The morning the Federal Circuit released three nonprecedential opinions and a nonprecedential order. In the first opinion, the court affirmed a judgment of unpatentability in a case appealed from the Patent Trial and Appeal Board.  In the second opinion, the Federal Circuit affirmed a judgment of the Merit System Protection Board.  In the third opinion, the Federal Circuit affirmed a judgment in a patent case appealed from the Eastern District of Texas. The nonprecedential order issued by the Federal Circuit granted a motion to withdraw a petition for a writ of mandamus. Here is the introduction to the opinions and order.