Opinions

Opinions & Orders – August 30, 2022

This morning the Federal Circuit released a nonprecedential opinion in a tax case appealed from the Court of Federal Claims. In the opinion, the Federal Circuit affirmed a dismissal for lack of subject matter jurisdiction and denial of a request for a default order. The Federal Circuit also released two errata and a nonprecedential order granting an unopposed motion to lift a stay and remand to the Court of Federal Claims. Here is the introduction to the opinion, text from the order, and links to the errata.

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Opinions

Opinions & Orders – August 2, 2022

This morning the Federal Circuit released a precedential opinion in a trade case appealed from the Court of International Trade; a nonprecedential opinion in a patent case appealed from the Patent Trial and Appeal Board; and a nonprecedential order dismissing an appeal. Here are the introductions to the opinions and a link to the dismissal.

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Opinions

Opinions & Orders – July 14, 2022

This morning the Federal Circuit released nonprecedential opinions in two separate patent cases appealed from the Patent Trial and Appeal Board. The Federal Circuit also released a nonprecedential order granting in part and denying in part a motion for sanctions and a Rule 36 judgment. Here are the introductions to the opinions, text from the order, and a link to the Rule 36 judgment.

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Opinions

Opinions & Orders – May 23, 2022

This morning the Federal Circuit released a nonprecedential opinion in a patent case appealed from the Patent Trial and Appeal Board. Notably, Judge Newman dissented. The Federal Circuit also released a nonprecedential order granting petitions to order the Eastern District of Texas to transfer three consolidated cases to the Northern District of California. Here is the introduction to the opinion and text from the order.

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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 petitioner filed his reply merits brief in George v. McDonough, a case concerning the scope of clear and unmistakable error in the context of review of denials of veterans’ claims for benefits. As to cases with pending petitions, the government filed a brief in opposition in a veterans case challenging the Federal Circuit’s application of the Chevron doctrine. Also, following a Supreme Court request last fall, the government finally submitted the view of the United States in a patent case raising questions related to preclusion. The Court also denied three petitions: one in a government contracts case and two in patent cases. Here are the details.

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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, six amicus briefs were filed in George v. McDonough, a case raising a question related to clear and unmistakable error in the context of review of denials of veterans’ claims for benefits. As for still-pending petitions, one new petition was filed by a pro se petitioner; two amicus briefs were filed in a case related to patent eligibility, including a brief filed by a former Federal Circuit judge; and two reply briefs were filed: one in a veterans case and one in a trade case. Finally, four waivers of right to respond were filed and the Court denied a petition in a case concerning patent eligibility. Here are the details.

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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, since our last update there is no new activity to report. With respect to petitions, two new petitions have been filed, both in patent cases. In addition, five amicus briefs were submitted in a case presenting a challenge to the Chevron doctrine. Also, the government waived its right right to respond in a pro se 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 analyzing cases and an emerging trend regarding how “the [Patent Trial and Appeal] Board is only the first hurdle in what is a long game for patent owners”;
  • a blog post detailing how the “Supreme Court and Judicial Conference consider[ed] Judge Albright’s problematic patent court”;
  • another blog post evaluating the “Federal Circuit’s PTAB appeals statistics through November 30, 2021”; and
  • another article explaining how the Federal Circuit “rejected arguments the U.S. Army’s improper handling of [a government contract] award prejudiced it.”
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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 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.

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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 received a new petition raising questions related to the proper interpretation of a forum selection clause and whether it impacts inter partes review. The court also invited a response and received three new amicus briefs in a case that raised a question related to the written description requirement. Finally, the court denied three petitions raising questions relating to the Patent Trial and Appeal Board’s analysis of the non-obviousness requirement, inter partes review estoppel, and the Federal Circuit’s reversal of a judgment in an inter partes review proceeding based on a teaching away finding. Here are the details.

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