FedCircuitBlog

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today we highlight:

• an article detailing how Judge Newman “asked the full D.C. Circuit to reconsider her constitutional challenge to the law her colleagues used to suspend her from hearing new cases”;
• a blog post reflecting on how former Federal Circuit Judge O’Malley recently “offered insights into . . . the evolving patent law”; and
• a blog post suggesting the Federal Circuit took “a different analytical path” in a recent decision “focusing on the claim limitation ‘clinically proven effective.’”

Late yesterday, the Federal Circuit released two nonprecedential orders dismissing appeals. This morning, the Federal Circuit released a precedential opinion and a nonprecedential order. The opinion comes in an appeal from the Patent Trial and Appeal Board. The order is a dismissal. Here is the introduction to the opinion along with links to the dismissals.

Late yesterday, the Federal Circuit released a nonprecedential order dismissing an appeal. This morning, the Federal Circuit released two nonprecedential opinions in related cases affirming decision of the Merit Systems Protection Board. The court also released four nonprecedential orders. The first nonprecedential order grants the government’s petition to appeal and denies a cross-petitioner’s petition to appeal. The second nonprecedential order denies another petitioner’s permission to appeal. The third nonprecedential order summarily affirms a judgment. The fourth nonprecedential order dismisses an appeal. Here are the introductions to the opinions and orders ruling on petitions to appeal and links to the summary affirmance and dismissals.

Late yesterday, the Federal Circuit released one nonprecedential order dismissing an appeal. This morning, the Federal Circuit released four nonprecedential opinions and three nonprecedential orders. All four nonprecedential opinions come in patent cases. Of the nonprecedential orders, one remands a case, one summarily affirms a decision by a lower court, and the other two dismiss appeals. Here are the introductions to the opinions and orders and links to the dismissals. 

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

• an article arguing that, because the Supreme Court’s two-step inquiry for patent-ineligible “abstract ideas” did not define “abstract ideas,” it has had “disastrous consequences”;
• a blog post analyzing how the Federal Circuit’s requirement that “convoyed goods ‘function together with the patented article,’ and not merely be sold along with the infringing product as a matter of convenience, differs from the rule followed in the U.K., France, Japan, and Germany”;
• a report highlighting how a recent Federal Circuit case “reaffirmed a critical principle in patent law: When a claim lists elements separately, the clear implication is that they are distinct elements”; and
• a blog post discussing how an en banc case at the Federal Circuit “presents important questions about statutory interpretation in the wake of the Supreme Court’s decision in Loper Bright Enterprises v. Raimondo.”

This morning, the Federal Circuit released one precedential opinion and four nonprecedential opinions. The lone precedential opinion comes in a patent case on appeal from the Northern District of West Virginia. Of the nonprecedential opinions, two come in patent cases on appeal from the Patent Trial and Appeal Board, one comes in a case on appeal from the Merit Systems Protection Board, and the other comes in a veterans case. Here are the introductions to the opinions.

Late yesterday, the Federal Circuit released two nonprecedential orders, each dismissing an appeal. This morning, the Federal Circuit released one precedential opinion, three nonprecedential opinions, two summary affirmances, and two nonprecedential orders. The lone precedential opinions comes in a patent case on appeal from the International Trade Commission. Of the nonprecedential opinions, two come in a patent cases, while one comes in an appeal from the Merit Systems Protection Board. Both nonprecedential orders dismiss appeals. Here are the introductions to the opinions and links to the summary affirmances and dismissals.

Late yesterday, the Federal Circuit released a nonprecedential order dismissing a case. This morning the Federal Circuit released one precedential opinion, four nonprecedential opinions, and seven nonprecedential orders. The lone precedential opinion comes in a patent case on appeal from the Northern District of West Virginia. Of the nonprecedential opinions, three come in patent cases, and one comes in a government contract case. Of the nonprecedential orders released today, three address notices of non-participation in appeals from the Patent Trial and Appeal Board, and among other things these orders ask the U.S. Patent and Trademark Office whether it will intervene in the appeals to defend the PTAB’s decisions. Two of the other nonprecedential orders grant summary affirmance, while two dismiss appeals. Here are the introductions to the opinions and the orders addressing the notices of non-participation in appeals, as well as links to the grants of summary affirmance and dismissals.

This morning the Federal Circuit released one precedential opinion, two nonprecedential opinions, and four nonprecedential orders, which were all dismissals. The precedential opinion comes in a veterans case appealed from the Court of Appeals for Veterans Claims. In this case, the Federal Circuit vacated the judgment and remanded the case to the Veterans Court. The first nonprecedential opinion comes in an appeal from a decision denying a petition under the National Vaccine Injury Compensation Program. The second nonprecedential opinion comes in an appeal from a district court, which found that a patent claim is invalid based on indefiniteness. Here are introductions to the opinions and links to the dismissals.

This morning the Federal Circuit released three nonprecedential orders and two nonprecedential Rule 36 judgments. Also, late yesterday the Federal Circuit released one nonprecedential order and one Rule 36 judgment. All the orders are dismissals. Here are the links to the dismissals and Rule 36 judgments.