FedCircuitBlog

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update, the Federal Circuit heard oral argument in an en banc government contract case. The Federal Circuit also received two amicus briefs and the government’s reply brief in President Trump’s pending case involving tariffs, in which the en banc court granted an immediate administrative stay of the judgments and permanent injunctions entered by the Court of International Trade. As for petitions, the court received an amicus brief in a case with a petition raising questions related to interpretation of the statute defining the power of the International Trade Commission. The Federal Circuit also denied a petition in a patent case. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update, the court issued an en banc opinion in a patent case. Additionally, two new en banc petitions were filed. The first raises claim construction questions and the second was filed pro se. The Federal Circuit also invited a response to a petition raising a question related to collateral estoppel, and a new response was filed in opposition to an en banc brief. One amicus brief was also filed with the Federal Circuit. Lastly, the court recently denied five petitions for en banc rehearing. Here are the details.

Today, the Federal Circuit released three nonprecedential opinions. In the first, the court affirmed as to a direct appeal and reversed as to a cross-appeal in a patent case. Notably, Judge Stark dissented in part from the majority’s decision to reverse as to the cross-appeal. In the second nonprecedential opinion, the court affirmed a decision of the Court of Appeals for Veterans Claims. In the third nonprecedential opinion, the Federal Circuit vacated and remanded a decision of the Trademark Trial and Appeal Board. The Federal Circuit also released one nonprecedential order granting a motion for summary affirmance and three nonprecedential orders dismissing appeals. Here are the introductions to the opinions and links to the summary affirmance and dismissals.

This morning, the Federal Circuit released one precedential opinion, one nonprecedential opinion, and one nonprecedential order. The precedential opinion comes in a veterans case on appeal from the Court of Appeals for Veterans Claims, the nonprecedential opinion comes in a patent case on appeal from the Patent Trial and Appeal Board, and the nonprecedential order dismisses an appeal. Here are the introductions to the opinions and a link to the order.  

Late yesterday, the Federal Circuit released a nonprecedential order dismissing a case. This morning, the court released two nonprecedential opinions and three nonprecedential orders. Of the nonprecedential opinions, one comes in a patent case on appeal from the Patent Trial and Appeal Board, while the other comes in an appeal from a decision by the Federal Bureau of Prisons. Of the nonprecedential orders, one grants a joint motion to remand a case and the other two dismiss appeals. Here are the introductions to the opinions and links to the orders.