FedCircuitBlog

Today, the Federal Circuit released two precedential opinions, one in a government contract case appealed from the Court of Federal Claims and one in a patent case appealed from the Patent Trial and Appeal Board. The Federal Circuit also released four nonprecedential opinions in cases appealed from the Merit Systems Protection Board, an arbitrator, and the Court of Appeals for Veterans Claims. The Federal Circuit also released two nonprecedential orders, two summary affirmances, and one dismissal. Here are the introductions to the opinions and links to the summary affirmances and dismissal.

This morning the Federal Circuit issued two opinions in patent cases appealed from the Patent Trial and Appeal Board. In the first, a precedential opinion, the court reverses an obviousness determination. In the second, a nonprecedential opinion, the court affirms findings of anticipation and obviousness given a lack of error in claim construction. Here are the introductions to the opinions.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. As for granted cases, this week the Court decided Minerva Surgical, Inc. v. Hologic, Inc., in which the Court overturned the Federal Circuit’s approach to the assignor estoppel doctrine. Additionally, three cases were granted, vacated, and remanded based on the decision in United States v. Arthrex, Inc. regarding application of the Appointments Clause to administrative patent judges. As for petition cases:

Here are the details.

• a reply brief was submitted in support of a petition in a government contract case;
• the government filed a waiver of right to respond in a patent case;
• the Court dismissed one petition; and
• the Court denied five petitions, including four regarding application of the Appointments Clause to administrative patent judges.

This morning, the Federal Circuit released a nonprecedential opinion affirming a judgment by the Patent Trial and Appeal Board in an inter partes review proceeding. The court also released a nonprecedential order denying a petition for a writ of mandamus in a patent infringement case in which the parties disputed whether settlement agreements were discoverable or privileged. Finally, the court released a Rule 36 summary affirmance. Here are introductions to the opinions and a link to the summary affirmance.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit.

• One new amicus brief was filed by the New Civil Liberties Alliance in a case that has been granted certiorari, United States v. Arthrex, Inc.
• The Court granted the petition for certiorari in Minerva Surgical, Inc. v. Hologic, Inc.
• The Court received eight new petitions for writ of certiorari.
• Three new reply briefs were filed with the Court in the following cases: (1) adidas AG v. Nike, Inc., (2) Micron Technology, Inc. v. North Star Innovations, Inc., and (3) InfoBionic, Inc. v. Cardionet, LLC.
• One new amicus brief was filed in Argentum Pharmaceuticals LLC v. Novartis Pharmaceuticals Corporation by Jonathan Stroud
• Three new waivers of right to respond were filed with the Court.
• Lastly, the Court denied the petitions for writ of certiorari in ten cases.

Here are the details.

This post summarizes recent activity at the Supreme Court in cases decided by the Federal Circuit.

• One new petition for writ of certiorari was filed with the Supreme Court in Micron Technology, Inc. v. North Star Innovations, Inc. raising questions related to the Appointments Clause.
• One brief in opposition to the petition in Hologic, Inc. v. Minerva Surgical, Inc. was filed with the Court by Minerva.
• Two reply briefs were filed with the Court, the first by Minerva in Minerva Surgical, Inc. v. Hologic, Inc., and the second by Cochlear in Cochlear Corp. v. Alfred E. Mann Foundation for Scientific Research.
• Finally, the Supreme Court denied the petitions for writ of certiorari in two cases: (1) Consumer 2.0, Inc. v. Tenant Turner, Inc. and (2) Wilkins v. United States District Court for the Eastern District of California.

Here are the details.

Here is an update on recent en banc activity at the Federal Circuit. Highlights include new petitions filed in two cases raising questions related to obviousness; responses to petitions in two cases raising questions related to inequitable conduct, obviousness, and assignor estoppel; an invitation for a response to a petition raising questions related to standing; and the denial of four petitions raising questions related to claim construction and the Appointments Clause. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include new petitions filed in five cases raising questions related to claim construction, the Appointments Clause, and obviousness; an invitation for a response in one case raising questions related to inequitable conduct and obviousness; the denial of four petitions raising questions related to the Appointments Clause, venue, damages, and claim construction; and the withdrawal of one petition raising questions related to the Administrative Procedure Act. Here are the details.