FedCircuitBlog

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

• a blog post discussing how, “[s]ince the institution of inter parte review . . . proceedings under the Leahy-Smith America Invents Act in 2012, parallel proceedings before the Patent Trial and Appeals Board and district courts have become somewhat commonplace”; and
• a report analyzing how “[r]ecent administrations have conducted several investigations into whether various foreign practices are actionable . . . under Section 301 [of the Trade Act of 1974], . . . one of a number of statutes those administrations have used to impose tariffs on various U.S. imports.”

Here is an update on recent en banc activity at the Federal Circuit. Since our last update, the petitioner’s brief was filed in the only pending en banc case, which raises questions related to the President’s Article II powers and the Civil Service Reform Act. As for petitions, one new petition was filed raising questions related to appellate procedure and a motion to transfer. Finally, one petition was denied in a case raising several questions related to attorney’s fees. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update, one new petition for en banc rehearing was filed raising several questions related to attorney’s fees. One new response to a petition was filed in a case a case raising a question related to the Hatch-Waxman Act. A response to a notice of supplemental authority was filed in the same case. And, finally, one petition was denied in a case raising questions related to standing. Here are the details. 

This morning the Federal Circuit released one precedential opinion, five nonprecedential opinions, and one nonprecedential order. The precedential opinion comes in a patent case appealed from the International Trade Commission. One of the nonprecedential opinions in an appeal from a decision of the Patent Trial and Appeal Board, one comes in an appeal of a decision of the Merit Systems Protection Board, and three come in pro se appeals of decision of the Court of Appeals for Veterans Claims. The order is a dismissal. Here are the introductions to the opinions and a link to the dismissal.