News

Recent News on the Federal Circuit

Here’s the latest.

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En Banc Activity

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. New petitions were filed in two patent cases raising questions related to claim construction and the doctrine of equivalents. The court also denied seven petitions in patent cases raising questions related to Rule 36 judgments, injunctive relief, claim construction, awards of attorneys’ fees, eligible subject matter, deference to the Patent Trial and Appeal Board, standing, inter partes review, and enablement. Here are the details.

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En Banc Activity

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. Telephonic oral argument is scheduled next week in an en banc veterans case, Arellano v. Wilkie. As for patent cases, petitions were filed in four cases raising questions related to an award of attorney’s fees, eligible subject matter, deference to findings of the Patent Trial and Appeal Board, and standing. In addition, a new response was filed arguing against the grant of a petition raising questions related to injunctive relief. Here are the details.

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Opinions

Opinions & Orders – December 30, 2020

This morning, the Federal Circuit issued a nonprecedential opinion in a patent case. Additionally, we are including in today’s post a recent precedential opinion in a patent case. The court had published the opinion on its website on December 23, but then removed the opinion from its website on the same day. The court re-published the opinion on December 28. Here are the introductions to the nonprecedential and precedential opinions.

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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. In granted cases, the Court postponed one oral argument. In petitions cases, one new petition was filed in a patent case presenting questions related to retroactive application of inter partes review and waiver with respect to an Appointments Clause challenge. Two responses in opposition to petitions were filed in patent cases raising questions related to the written description requirement and standing to appeal in inter partes review proceedings. There was one new reply brief filed in a veterans case concerning attorneys fees. And several amicus briefs were filed in three cases. Here are the details.

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