Petitions / Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, an opening merits brief was submitted in Harrow v. Department of Defense, a case concerning the Merit Systems Protection Board. With respect to petitions, three new petitions were filed with the Court in one patent case and two pro se cases, a reply brief was filed in a patent case, and the Court denied certiorari in a veterans case. Here are the details.

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Opinions

Opinions & Orders – October 10, 2023

This morning, the Federal Circuit released one nonprecedential opinion. It addresses an appeal from an order dismissing antitrust, patent infringement, and unjust enrichment claims. Here is the introduction to the opinion.

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Opinions

Opinions & Orders – June 27, 2023

This morning, the Federal Circuit released two opinions, one precedential and one nonprecedential, both in patent cases. The precedential opinion comes in an appeal of a post-grant review proceeding and addresses claim construction, written description, enablement, and motions to amend practice and procedure under the Administrative Procedure Act. The nonprecedential opinion comes in an appeal of an inter partes review and addresses claim construction and anticipation. Late yesterday and this morning, the court also released two nonprecedential orders, one denying a petition for a writ of mandamus that would order transfer, and one dismissing an appeal. Here are the introductions to the opinions and order and a link to the dismissal.

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Petitions / Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, the Supreme Court heard arguments this week in Arellano v. McDonough, a veterans case. With respect to petitions, two new petitions were filed with the Court in a patent case and a pro se case; the government waived its right to respond to a petition filed in a pro se case; the Court invited the Solicitor General to file briefs expressing the views of the United States in two patent cases related to so-called skinny labelling and eligibility, respectively; a supplemental brief was filed in a patent case raising questions related to patent law’s enablement requirement; a reply brief was submitted in a veterans case addressing the standard of proof governing rejection of disability claims; and, finally, the Court denied more than 20 petitions. Here are the details.

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Petitions / Supreme Court Activity

Recent Supreme Court Activity

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 since our last update. With respect to petition cases, one new petition was filed in a patent case; a waiver of right to respond was filed in a case raising questions about procedure; a brief in opposition was submitted in another patent case; and the Court denied certiorari in two patent cases.

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News

Recent News on the Federal Circuit

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

  • an article highlighting how, according to recent statistics, “[p]atent owners face a tougher road on appeal than accused defendants and patent challengers”;
  • another article addressing how “Coca-Cola Co. saw its trademark tribunal win tossed by a Federal Circuit panel”; and
  • a blog post discussing “[l]essons from [the] rejection of Apple’s cert petition against Qualcomm” in Apple Inc. v. Qualcomm Inc.
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Petitions / Supreme Court Activity

Recent Supreme Court Activity

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 since our last update. With respect to petition cases, six waivers of right to respond were submitted; two briefs in opposition were filed, one in an Equal Access to Justice Act case and one in a patent case; and the Court denied certiorari in three cases, two in patent cases and one in an employment case. Here are the details.

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News

Recent News on the Federal Circuit

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

  • an article highlighting how the Supreme Court yesterday denied Apple’s petition for writ of certiorari in Apple Inc. v. Qualcomm Inc.;
  • another article discussing how “two cases signal that the Federal Circuit and district courts are moving toward explicitly recognizing that parties to a mandatory arbitration clause can bargain away the right to file for inter partes review at the Patent Trial and Appeal Board”; and
  • a blog post addressing how a flip in a recent Federal Circuit decision “appears to be the consequence of a change in panel composition.”
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En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court denied two petitions for rehearing raising questions related to the Appointments Clause and the scope of usable prior art in inter partes review. The court also granted panel rehearing but denied as moot rehearing en banc in response to a petition raising questions related to claim construction and the written description requirement. Here are the details.

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News

Recent News on the Federal Circuit

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

  • an article discussing how the Federal Circuit affirmed a decision that “an Italian company can’t register a ‘Parma Coffee’ trademark because it primarily refers to a product’s point of origin”;
  • another article addressing how Apple called the Solicitor General’s brief a “‘regrettable disregard’ of high court precedent” in Apple Inc. v. Qualcomm Inc.; and
  • a third article explaining how the Federal Circuit decided a “Delaware federal judge misconstrued part of UMass’ skin-cream patents when it found them invalid last year.”
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