This morning the Federal Circuit released two precedential opinions. The first comes in a veterans case appealed from the Court of Appeals for Veterans Claims. Notably, Judge Newman dissented. The second comes in a patent case appealed from the Central District of California. The court also released a nonprecedential opinion in a patent case appealed from the District of Utah. Finally, the court released three nonprecedential orders. One denies a petition to transfer a case to the Northern District of California; one dismisses an appeal for lack of jurisdiction and denies petitions for writs of mandamus; and one denies a petition and cross-petition to appeal from an order of the Northern District of California. Here are the introductions to the opinions and text from the orders.
Recent En Banc Activity
Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received a new petition raising questions related to the written description requirement. The court also received a new response to a different petition also raising a question related to the written description requirement. In addition, the court denied a petition for hearing en banc raising a question related to the Federal Circuit’s jurisdiction to hear appeals from denials of petitions for inter partes review. Here are the details.
Recent En Banc Activity
Here is an update on recent en banc activity at the Federal Circuit. In the only pending en banc case, a veterans case, the appellant filed his en banc reply brief and the court scheduled the oral argument to occur in February. We will post an argument preview prior to the oral argument. As for petitions for rehearing en banc in patent cases, the court received two new petitions raising questions relating to the standard for enhanced damages and the Federal Circuit’s jurisdiction. The court also received responses to two petitions raising questions related to the inducement doctrine’s interaction with the Hatch-Waxman Amendments and the notice required to collect damages for infringement. Finally, the court denied three petitions raising questions related to the interpretation of a forum selection clause, a writ of mandamus, and comparable licenses and royalty calculations, and another petition in a pro se case. Here are the details.
Opinions & Orders – November 5, 2021
This morning the Federal Circuit released a precedential opinion in a patent case, affirming the District of New Jersey’s judgment that the plaintiff did not establish proper venue under the patent venue statute with respect to the named domestic defendants and did not state a claim upon which relief could be granted with respect to the named foreign defendant. The Federal Circuit also released five Rule 36 judgments. Here is the introduction to the opinion and a list of the Rule 36 judgments.