Here is an update on recent en banc activity at the Federal Circuit. As for granted petitions, a response brief was filed in a pending en banc case raising questions regarding how to establish standing to allege a violation of a statute or regulation in connection with the procurement of a government contract. As for pending petitions, a new petition has been filed in a patent case; a response has been filed to a petition raising multiple questions regarding patent ownership and a district court’s authority to prohibit parties from sharing part of a claim construction with a jury; and an amicus brief has been filed in support of a petition raising a question concerning whether an abandoned patent application that becomes publicly available only after a challenged patent’s critical date is a printed publication that can form the basis for an inter partes review proceeding. Here are the details.
Opinions & Orders – March 5, 2025
Late yesterday, the Federal Circuit released two nonprecedential orders, each dismissing an appeal. This morning, the Federal Circuit released one precedential opinion, three nonprecedential opinions, two summary affirmances, and two nonprecedential orders. The lone precedential opinions comes in a patent case on appeal from the International Trade Commission. Of the nonprecedential opinions, two come in a patent cases, while one comes in an appeal from the Merit Systems Protection Board. Both nonprecedential orders dismiss appeals. Here are the introductions to the opinions and links to the summary affirmances and dismissals.
Opinions & Orders – February 3, 2025
This morning the Federal Circuit released two nonprecedential opinions and one nonprecedential order. Both nonprecedential opinions came in patent cases on appeal from the Patent Trial and Appeal Board. The lone nonprecedential order dismissed a case. Here are the introductions to the opinions and a link to the dismissal.
Opinions & Orders – January 30, 2025
This morning the Federal Circuit released two nonprecedential opinions and five nonprecedential orders. Both of the nonprecedential opinions came in patent cases on appeal from the Patent Trial and Appeal Board. Notably, both relate to patents being asserted by United Services Automobile Association (USAA) in separate litigation. Of the nonprecedential orders, one addresses a notice of non-participation in an appeal in a patent case and the other four dismiss appeals. Here are the introductions to the opinions and the order addressing the notice of non-participation in an appeal, as well as links to the dismissals.
Opinions & Orders – December 27, 2022
Late Friday and this morning, the Federal Circuit released five nonprecedential orders dismissing appeals. Here are the links to the dismissals.