FedCircuitBlog

This morning, the Federal Circuit released two precedential opinions, four nonprecedential opinions, and two Rule 36 summary affirmances. One of the precedential opinions addresses an appeal from a final written decision of the Patent Trial and Appeal Board in a post-grant review, which held certain claims unpatentable as obvious or lacking written description. The other precedential opinion addresses an appeal from a judgment of the Court of Federal Claims and addresses an assertion by the government of a right to practice a patent and have a patent practiced on its behalf under a provision of a Bayh-Dole Act. Two of the nonprecedential opinions address jurisdiction, one affirms the rejection of proposed patent claims for being directed to patent-ineligible subject matter, and one affirms the dismissal of a complaint due to the claims being timebarred. Late yesterday, the Federal Circuit also released five nonprecedential orders dismissing appeals. Here are the introductions to the opinions and links to the dismissals and summary affirmances.

This morning, the Federal Circuit released one precedential opinion, one nonprecedential opinion, and one nonprecedential order. The precedential opinion, which sparked a dissent from Judge Dyk, addresses an appeal in a patent case from a district court’s finding that the case was exceptional. The nonprecedential opinion affirms a judgment of the Court of Appeals for Veterans Claims regarding the effective date of a veteran’s disability compensation. The order grants a motion to withdraw an appeal. Here are the introductions to the opinions and a link to the order.

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. This week the Court granted certiorari in a veterans case that raises questions regarding equitable tolling and retroactive disability benefits. The Court also requested the Solicitor General file a brief expressing the views of the United States in a patent case raising a question regarding standing to challenge the validity of patents. Additionally, three new petitions were filed with the Court: two in cases appealing decisions from the Merit Systems Protection Board and one in a patent case. Moreover, one amicus brief was submitted in a patent case; three briefs in opposition were filed in trade, employment, and veterans cases; one waiver of right to respond was filed in a patent case; three petitions were denied; and one petition was dismissed. 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 granted cases, there is no new activity to report. As for still-pending petitions, three new petitions were filed: one in a patent case raising questions related to eligible subject matter and two filed by pro se petitioners. Waivers of right to respond were filed in two cases: the patent case already mentioned raising questions related to eligible subject matter and another patent case also concerning eligibility. Finally, a brief in opposition was filed in a patent case that raises a question regarding the appealability of a discretionary denial of inter partes review. 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 granted cases, since our last update there is no new activity to report. With respect to petitions, two new petitions have been filed, both in patent cases. In addition, five amicus briefs were submitted in a case presenting a challenge to the Chevron doctrine. Also, the government waived its right right to respond in a pro se case. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit. In the only pending en banc case, a veterans case, the Department of Veterans Affairs filed its en banc brief. As for requests for rehearing en banc in patent cases, the court received a new petition filed by a pro se party and denied three petitions related to venue, eligibility, and claim construction. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit. In the only pending en banc case, a veterans case, five new amicus brief were filed in support of the appellant. As for requests for rehearing en banc in patent cases, the court received four new petitions raising questions relating to patent eligibility and claim construction. The court also invited a response to a petition that raised questions concerning the court’s handling of petitions for writs of mandamus seeking transfer in patent cases. Finally, the court received a response to a petition raising a question related to the appropriate timing of a notice of an interlocutory appeal. Here are the details.