Opinions

Opinions & Orders – September 23, 2024

This morning the Federal Circuit released two nonprecedential opinions and one nonprecedential order. Both nonprecedential opinions come in patent cases appealing decisions of the Patent Trail and Appeal Board. The nonprecedential order is a dismissal. Here are the introductions to the opinions and a link to the dismissal.

Read More
Opinions

Opinions & Orders – September 6, 2024

This morning the Federal Circuit released one precedential opinion, two nonprecedential opinions, and three Rule 36 judgments. The precedential opinion vacates a judgment of non-infringement, reverses an exclusion of testimony, and remands a patent case for further proceedings. The first nonprecedential opinion affirms a judgment of the Court of Federal Claims in a case in which a veteran requested a retroactive promotion. The second nonprecedential opinion dismisses an appeal from the Court of Appeals for Veterans Claims. Here are the introductions to the opinions and links to the Rule 36 judgments.

Read More
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 will hear oral argument next week in Harrow v. Department of Defense, a case concerning the Merit Systems Protection Board and whether a filing deadline is jurisdictional. With respect to petitions, two new petitions were filed in a patent case and a pro se case, a waiver of right to respond was filed in a pro se case, two briefs in opposition were filed in a patent case and in a veterans case, and an amicus brief was filed in a Merit Systems Protection Board case. Finally, the Court denied petitions in a pro se case and in a patent case. Here are the details.

Read More
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.

Read More
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.

Read More
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.

Read More
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.

Read More
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.

Read More
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.
Read More
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.

Read More