Opinions

Opinions & Orders – March 13, 2024

This morning, the Federal Circuit released one nonprecedential opinion and three nonprecedential orders. The opinion addresses an appeal from a judgment of the Patent Trial and Appeal Board and attends to arguments related to claim construction and the determination of analogous art for purposes of a nonobviousness analysis. The orders are dismissals. Here is the introduction to the opinion and links to the orders.

Read More
Petitions / 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. With respect to granted cases, there is no new activity to report since our last update. With respect to petitions, two new petitions were filed with the Court. One came in a patent case addressing both joinder in inter partes review proceedings and the Federal Vacancies Reform Act. The other came in a case addressing the Fair Labor Standards Act. Additionally, three waivers of right to respond were filed in the same patent case, and a brief in opposition was filed in another patent case addressing joint inventorship. Finally, the Court denied nine petitions in three patent cases, a trade case, and five pro se cases. Here are the details.

Read More
Petitions / 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. With respect to granted cases, an amicus brief was filed in support of petitioner in Rudisill v. McDonough, a veterans case. With respect to petitions, three new petitions were filed in a veterans case, a patent case, and a pro se case. Additionally, two reply briefs were filed in two different cases, one concerning the jurisdiction of the Court of International Trade and one concerning patent eligibility. Here are the details.

Read More
Petitions / 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. With respect to granted cases, an opening merits brief and an amicus brief were submitted in Rudisill v. McDonough, a veterans case. Five new petitions were filed, one in a personnel case and four related to the same pro se case. Additionally, three briefs in opposition were filed, one in response to a petition raising a question related to the jurisdiction of the Court of International Trade and two in response to a petition raising a question related to patent eligibility. Finally, a reply in support of a petition was filed in a case addressing hazardous duty pay for federal employees. Here are the details.

Read More
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. The Court granted the petition for certiorari in Vidal v. Elster, a trademark case raising a question related to the First Amendment. While no new petitions were filed with the Court, the Court requested a response to a petition raising a question concerning patent eligibility; a waiver of right to respond was filed in a pro se case; a reply brief was filed in a veterans case; and a supplemental brief was filed in a patent case raising a question concerning inter partes review estoppel. Here are the details.

Read More
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. With respect to granted cases, there is no new activity to report since our last update. While no new petitions were filed with the Court, waivers of right to respond were filed in two pro se cases; a brief in opposition was filed in a patent case; reply briefs in support of petitions were filed in a patent case and in two veterans cases; amicus briefs were filed in two patent cases; and the Court denied certiorari in three patent cases. Here are the details.

Read More
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. With respect to granted cases, the Supreme Court issued its opinion yesterday in Amgen Inc. v. Sanofi, Aventisub LLC, a patent case addressing the enablement requirement. With respect to petitions, five new petitions were filed, one in a trade case, one in an employment case, and three in pro se cases. Three briefs in opposition were filed, two in veterans cases and one in a patent case. Two waivers of the right to respond were filed in the same patent case. And, finally, four petitions were denied, three in patent cases and in one pro se case. Here are the details.

Read More
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. With respect to granted cases, there is no new activity to report since our last update. With respect to petitions, seven new petitions were filed, three briefs in opposition, and three reply briefs in support of petitions were filed. The Court also denied four petitions. Here are the details.

Read More
News

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:

  • an article about the changing burdens in computer software copyrightability;
  • a blog post about potential ethical dilemmas artificial intelligence presents to patent attorneys; and
  • an article about a petition for certiorari that “outlined a confusing procedural history that arguably mirrors the broader confusion over Section 101.”
Read More
En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received a two new petitions. One raises a question related to the standard for establishing venue, and the other raises three questions related to claim construction at the Patent Trial and Appeal Board. The court also invited a response to a petition raising a question related to anticipation. Finally, the court also denied a petition in a case raising a question related to patent eligibility. Here are the details.

Read More