FedCircuitBlog

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. There are currently no cases pending before the Supreme Court that were previously decided by the Federal Circuit. As for petitions, since our last update, two new petitions were filed in a case raising a question related to appellate procedure and a pro se case; four waivers of the right to respond to petitions were filed in four pro se cases; two briefs in opposition were filed in patent cases raising questions related to inter partes review proceedings; one reply brief in support of a petition was filed in another patent case raising questions related to inter partes review proceedings; one supplemental brief was filed in a pro se case; and one amicus brief was filed in another patent case raising questions related to eligibility. Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. There are currently no cases pending before the Supreme Court that were previously decided by the Federal Circuit. As for pending petitions, since our last update, two new petitions were filed in a veterans case and a pro se case; three waivers of the right to respond to petitions were filed in pro se cases; and a reply brief in support of a petition was filed in an Indian Tucker Act case. Here are the details.

This morning, the Federal Circuit released one precedential opinion, four nonprecedential opinions, and six nonprecedential orders. The precedential opinion comes in an appeal challenging the settlement of a nationwide class action claiming the federal judiciary overcharged members of the public for access to court records. Two of the four nonprecedential opinions come in patent cases, one appealing a denial of a motion for attorney’s fees and the other examining a district court’s claim construction and exclusion of an expert. The third opinion comes in government contract case. The fourth comes in a veterans case. Of the six nonprecedential orders, one grants a motion to dismiss for lack of jurisdiction, one denies a petition for a writ of mandamus, and one grants a motion for summary affirmance. The other three dismiss appeals. Here are the introductions to the opinions and first three orders and links to the dismissals.

• Sweat the Small Stuff: Lessons of Federal Circuit Damages Cases – Marking, interest accrual, and awards calculation have been important issues in six Federal Circuit decisions on patent damages, but the Federal Circuit has been reluctant to overturn jury awards in other damages cases.
• Standard Essentiality is a Question for the Fact Finder – Earlier this month, the Federal Circuit held in Godo Kaisha IP Bridge 1 v. TCL Communications Technology Holdings that the trier of fact should determine whether patent claims are essential to all implementations of an industry standard.
• The Little Tucker Act is Alive and Well – The Federal Circuit’s recent decision in National Veterans Legal Services Program v. United States reaffirms to plaintiffs with small non-tort claims against the United States that they can file either in the Court of Federal Claims or in a local district court.

Here’s the latest.

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 five dispositions, three cases with new briefing, one recent oral argument, and two upcoming oral arguments.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights an article discussing the potential impact of the Federal Circuit’s holding in National Veterans Legal Services Program v. United States on fees for searching and downloading federal case files, more commentary on the confusion generated by the Federal Circuit’s approach to patent eligibility in American Axle & Manufacturing, Inc. v. Neapco Holdings LLC, and news concerning Fitbit’s case decided by the Federal Circuit last Thursday.

Last Wednesday, the Federal Circuit issued its opinion in National Veterans Legal Services Program v. United States, a case we have been tracking because it attracted amicus briefs. In this case, NVLSP argues that that the federal government has been overcharging for electronic access to documents filed in court cases. This case was brought to the Federal Circuit as an interlocutory appeal seeking to clarify the correct interpretation of a federal statute, 28 U.S.C § 1913. In the opinion, the panel (including Judge Lourie, Clevenger, and Hughes) unanimously affirmed a district court’s interpretation of the statute and remanded the case back to the district court for it to resolve the case using the correct interpretation. Here is a summary of the opinion.

This morning the Federal Circuit issued a precedential opinion in Little Tucker Act case; four nonprecedential opinions in a case concerning the jurisdiction of the Court of Federal Claims, an MSPB case, a veterans case, and a patent case; and a Rule 36 summary affirmance. Here are the introductions to the opinions and the Rule 36 judgment.

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 patent cases in the “Other Cases” section of our blog. Today, with respect to these cases we highlight two dispositions, one new case, three recent oral arguments, and two upcoming oral arguments.

As a reminder, once a month we provide an update on activity in patent cases pending before panels of the Federal Circuit where the cases involve at least one amicus brief. We keep track of these patent cases in the “Other Cases” section of our blog. (There we also highlight non-patent cases that attract amicus brief, but only once those cases have been scheduled for oral argument.) Today, with respect to patent cases, we highlight one new opinion, a recent oral argument, and three upcoming oral arguments.