FedCircuitBlog

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

• an article discussing an amicus brief filed by a group of intellectual property professors in support of an en banc petition in a patent case raising questions about claim construction;
• another article addressing a recent Federal Circuit decision that “clarifies infringement analysis”; and
• a third article detailing how the U.S. Supreme Court denied a petition to review a Federal Circuit patent case.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, the petitioner filed his opening merits brief in Arellano v. McDonough, a case that raises questions regarding equitable tolling and retroactive disability benefits. As for cases with pending petitions, one new petition was filed in a veterans case; following a Supreme Court request in January, the government submitted the view of the United States in a patent case that raises a question related to the intersection of the Seventh Amendment and claim construction on appeal; and a brief in opposition was filed in an employment case concerning differential pay for federal employees serving on active duty. Finally, the Court denied petitions in three patent cases.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, the petitioner filed his reply merits brief in George v. McDonough, a case concerning the scope of clear and unmistakable error in the context of review of denials of veterans’ claims for benefits. As to cases with pending petitions, the government filed a brief in opposition in a veterans case challenging the Federal Circuit’s application of the Chevron doctrine. Also, following a Supreme Court request last fall, the government finally submitted the view of the United States in a patent case raising questions related to preclusion. The Court also denied three petitions: one in a government contracts case and two in patent cases. 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. Since our last update, moreover, no new petitions have been filed with the Court. As for pending petitions, though, four new reply briefs and two waivers of right to respond were filed. 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 five new petitions were filed with the Court: one in a government contract case, one in a veterans case, two in takings cases, and one in a pro se case. Additionally, two waivers of rights to respond were filed, one amicus brief was filed in a takings case, and three briefs in opposition to petitions addressing patent eligibility and preclusion were filed. Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. As for granted cases, we are still waiting for the Court to issue opinions in the two pending patent cases. As for petitions, one new petition was filed in a patent case raising an Appointments Clause challenge; one respondent filed a brief in opposition to a petition raising questions related to an inmate’s right to assert patent infringement; the government submitted a waiver of its right to respond to a petition in a pro se case; and the Court requested a response to a petition raising questions related to preclusion. Additionally, four petitioners filed reply briefs in cases presenting questions related to the Federal Circuit’s jurisdiction, the Appointments Clause, and retroactivity in agency adjudication.

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.

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

• The Supreme Court rendered its decision in Google LLC v. Oracle America, Inc., the long-running software copyright case.
• Three amicus briefs were filed in Minerva Surgical, Inc. v. Hologic, Inc., a case that has been granted certiorari.
• The Court received three new petitions for writ of certiorari.
• One new brief in opposition was filed with the Court in response to the petition in American Axle & Manufacturing, Inc. v. Neapco Holdings LLC.
• One new reply brief was filed with the Court in Ericsson Inc. v. TCL Communication Technology Holdings Limited.
• One new amicus brief was filed with the Court in Common Ground Healthcare Cooperative v. United States by Anthem, Inc., Blue Cross of Idaho Health Service, Inc., Highmark Inc., L.A. Care Health Plan, and Molina Healthcare of California, Inc.
• Lastly, the Court denied the petitions in three cases.

Here are the details.