Opinions

Today’s Opinions – May 29, 2020

This morning the Federal Circuit issued three precedential opinions: one in a government contracts case, one in a takings case, and one in a tax case. The court also issued one precedential order in a government contracts case, as well as two nonprecedential opinions: one in a Merit Systems Protection Board case and one in a patent case. Here are the introductions to the opinions and text from the order.

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 comments on an oral argument held last week in a patent case, a note on a recent Federal Circuit decision that Federal Reserve Banks may challenge patents at the Patent Trial and Appeal Board, an article about another recent Federal Circuit decision involving multi-color trademarks, and a comment on yet another recent decision by the Federal Circuit in an ongoing patent dispute involving medical devices.

Read More
Opinions

Today’s Opinions – April 9, 2020

This morning the Federal Circuit issued two precedential opinions in patent cases and one precedential opinion in a military case. The Federal Circuit also issued one nonprecedential opinion in a patent case, one nonprecedential opinion in a Merit Systems Protection Board case, one nonprecedential opinion in a veterans case, and one nonprecedential erratum. Here are the introductions to the opinions and the erratum.

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. Highlights include new petitions in three cases raising questions related to transfer motions, licenses, and the constitutionality of the appointment of Administrative Patent Judges, two responses to petitions raising questions related to the knowledge of one of ordinary skill in the art and the constitutionality of the appointment of Administrative Patent Judges, and the denial of a motion for en banc reconsideration in a case that raised arguments related to the constitutionality of the appointment of Administrative Patent Judges. Here are the details.

Read More
Panel Activity

Update on Important Panel Activity

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 these patent cases, we highlight one new opinion, briefing in five cases, and a recent oral argument.

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. Notably, much of the activity relates in some way to Arthrex, Inc. v. Smith & Nephew, Inc. Highlights include three new petitions (including two petitions raising questions related to waiver of arguments similar to those made in Arthrex), a response in opposition to a petition also making arguments raised in Arthrex, briefing on a motion raising arguments related to Arthrex, requests for responses in three cases (including, notably, Arthrex itself), and the denial of two petitions raising questions related to patent eligibility. Here are the details.

Read More
En Banc Activity

Update on Important Panel Activity

As a reminder, once a month we provide an update on activity in cases pending before panels of the Federal Circuit where the cases involve at least one amicus brief. Today with respect to these cases we highlight one opinion, briefing in six cases, a recent oral argument, and three upcoming oral arguments. (Note you can always find information related to these cases on our “Other Cases” page.) On to the update.

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. Highlights include two new petitions (on whether Arthrex should be applied to cases pending on appeal at the time it was decided, and whether the PTAB must consider arguments not made or adopted by examiners), an amicus brief, and three denials of petitions. Here are the details.

Read More
Panel Activity

Update on Panel Activity

One type of case we track here at Fed Circuit Blog is any patent case pending before a panel where an amicus brief has been filed. Besides identifying these cases, aggregating related data (e.g., briefs, oral argument recordings, orders, and opinions), and making this data available using our “Other Cases” page, once a month we plan to provide a blog post summarizing recent activity in these cases. Today we do that with respect to eight such patent cases. Of these cases, three concern the non-obviousness requirement; two include jurisdictional questions; one pertains to infringement; one discusses F/RAND commitments; and one raises the issue of patent eligibility.

Read More