FedCircuitBlog

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to the Supreme Court’s October 2021 term, which began this week, the Court still has not granted any petitions in cases decided by the Federal Circuit. Since our last update, however, two new petitions have been filed with the Court: one in a veterans case and one filed by a pro se petitioner. As for previously filed petitions, one brief in opposition and two waivers of right to respond were filed. Finally, the Court denied 22 petitions following its first conference of the new term. Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Since our last update two new petitions were filed, one raising a question related to patent law’s definiteness requirement and one in a pro se case. Two amicus briefs were filed in a case raising questions concerning the clear and unmistakeable error standard with regarding to a claim for veterans’ benefits. Two waivers of the right to respond to petitions were filed in government contracts and pro se cases. A reply was filed in support of a petition in a veterans case. And, finally, a supplemental brief was filed in a government contracts case. Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to the Supreme Court’s October 2021 term, the Court still has not granted any petitions in cases decided by the Federal Circuit. As for pending petitions, since our last update two new petitions were filed: one in a patent case presenting questions regarding the Appointments Clause and one in a pro se patent case presenting a question concerning patent eligibility. In addition, two amicus briefs were filed in the same case in support of the petitioner, who raised questions concerning inter partes review. Moreover, two briefs in opposition were filed in patent cases raising questions related to the Appointments Clause. Finally, the government filed a supplemental brief in a government contracts case. Here are the details.

On Tiffany Cunningham’s Appointment to the CAFC: An Impeccable Candidate and a Rallying Call for More Diversity in IP – In a post on IPWatchDog, Emer Simic writes about Tiffany Cunningham, whose “confirmation [is] now imminent” and has “reached [a] historic milestone.”

Federal Circuit Resumes In-Person Argument With $1.2 Billion Cancer Drug Case – Scott Graham commented on the oral argument in Juno Therapeutics Inc v. Kite Pharma Inc., in which Chief Judge Moore “pressed [attorneys] repeatedly on whether . . .  [a] patent on a groundbreaking approach to cancer treatment . . . [is] sufficiently described.”

FBI Agent Who Fought VA for GI Bill College Benefits Wins Appeal; Case Could Help Vets Nationwide – In the Chicago Sun Times, Stephanie Zimmermann discusses Rudisill v. McDonough, where Jim Rudisill’s “successful legal battle could result in additional benefits for other long-serving veterans.”

Pentagon Cancels JEDI Cloud Contract After Years of Contentious Litigation – Jared Serbu, deputy editor of FederalNewsNetwork.com, reports that the “bitterly contentious saga over what was once envisioned [as] the largest information technology procurements . . . finally came to an end . . . as Defense officials said they would no longer pursue the [Joint Enterprise Defense infrastructure] JEDI Cloud contract.”

District Court Thwarts $100 Million Damages Award, Finding Litigation Conduct Exceptional – On IPWatchDog, Gene Quinn writes about a long, drawn-out patent infringement battle that “saw action in front of a jury, at the district court, at the PTAB, at the Federal Circuit, and even . . . the Supreme Court.”

Oracle Files Yet Another JEDI Challenge with the U.S. Supreme Court – Sebastian Moss on DataCenterDynamics.com reports that the “US military appears trapped in an endless conflict with no clear winner.”

Performance-Based Actions: How Much Is Too Much? – In an article on FedSmith.com, Robbie Kunreuther reflects on a decision by the Federal Circuit concerning “unacceptable performance cases and how they should be addressed.”

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.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. The last week has been a busy one. As for granted cases, this week the Court decided United States v. Arthrex, Inc., agreeing with the Federal Circuit that the America Invents Act created an Appointments Clause violation with respect to the appointment and supervision of Administrative Patent Judges in inter partes review proceedings. As for petition cases:

• three new petitions were filed in patent law, Tucker Act, and pro se cases;
• two respondents filed briefs in opposition in vaccine and government contract cases;
• a respondent filed a brief in support of a petition in a patent case;
• a reply brief was submitted in supported of a petition in a patent case;
• the government filed waivers of right to respond in a tax case and a pro se case;
• a petitioner in a patent case filed a motion to dismiss; and
• the Court dismissed thirteen petitions.

Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Five new petitions were filed with the Court–four in patent cases and one in a pro se case. Additionally, the respondents in two different patent cases filed their briefs in opposition, while the Court requested a response to a petition in a government contract case. Upon the parties’ request, the Court dismissed Ariosa Diagnostics, Inc. v. Illumina Inc.. Finally, the Court denied two other petitions, one in a trademark case and one in a patent case.

Here are the details.

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

• The Court invited the Acting Solicitor General to file a brief in American Axle & Manufacturing, Inc. v. Neapco Holdings LLC, a patent case presenting questions related to eligibility.
• Five new petitions were filed in patent, veterans, Tucker Act, and trademark cases.
• Seventeen new briefs in opposition were filed in sixteen cases.
• Five new reply briefs were filed.
• One supplemental brief was filed.
• One amicus brief was filed in a patent case.
• Five waivers of right to respond were submitted.
• The Court denied eight petitions.

Here are the details.

This morning the Federal Circuit issued two precedential opinions, one reviewing a decision of the Merit Systems Protection Board and the other reviewing a decision of the Court of International Trade; two nonprecedential opinions, one reviewing another decision of the Merit Systems Protection Board and the other in a patent case; a nonprecedential order in Oracle America, Inc. v. Oracle LLC, on remand from the Supreme Court; and two Rule 36 summary affirmances. Here are the introductions to the opinions, text from the order, and a list of the summary affirmances.