FedCircuitBlog

Here is an update on activity in cases pending before panels of the Federal Circuit where the cases involve at least one amicus brief. We keep track of these cases in the “Other Cases” section of our blog. Today with respect to these cases we highlight four new cases that attracted amicus briefs: three patent cases and a case concerning the jurisdiction of the Merit System Protection Board. Additionally, we identified a new amicus brief filed in a patent case and highlight recent oral arguments in another patent case. Here are the details.

On its website, today, the Federal Circuit did not release any opinions, but it did release eleven nonprecedential orders in various cases. (Judges Prost, Hughes, and Stoll were busy!) Other than an order granting a petition to transfer a patent case from the Western District of Texas to the Northern District of California, the orders are relatively run-of-the mill. They do things like dismiss petitions, summarily affirm, deny petitions, and grant undisputed motions to transfer, and dismissal appeals. Here are the introductions to ten of the orders and a link to the eleventh order, a dismissal.

This morning, like yesterday, the Federal Circuit released only a single order, and again like yesterday it was a dismissal. We still have not seen any new opinions since last Wednesday. Here is a link to today’s dismissal.

This morning, the Federal Circuit released two precedential opinions, one nonprecedential opinion, and one order dismissing an appeal. One precedential opinion addresses an appeal from a decision of the Patent Trial and Appeal Board finding claims unpatentable as obvious. This first opinion ultimately concludes that the decision violated the Administrative Procedure Act. The other precedential opinion also addresses an appeal of a decision of the PTAB, this one concluding that the PTAB abused its discretion in determining that a party failed to identify a field of endeavor and thus failed to establish analogous art for purposes of an obviousness analysis. Finally, the nonprecedential opinion affirms a dismissal by the United States Court of Federal Claims for lack of subject matter jurisdiction. Here are the introductions to the opinions and a link to the dismissal.

This morning, the Federal Circuit released a nonprecedential order granting a motion to voluntarily dismiss an appeal from a judgment of the Patent Trial and Appeal Board. Additionally, the court released two summary affirmances. Here is text from the nonprecedential order and links to the summary affirmances.

Late yesterday and this morning, the Federal Circuit released two opinions, one precedential and one nonprecedential, both in patent cases and both addressing obviousness. Additionally, the court released five nonprecedential orders, one transferring a case to another court, one summarily affirming a judgment, one granting a motion to remand a case, and two dismissing appeals. Additionally, the court released four summary affirmances and an erratum. Here are the introductions to the opinions and orders and links to the dismissals, summary affirmances, and the erratum.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include a new petition presenting questions related to patent reissue and the written description requirement; two new invitations for response to petitions presenting questions related to patent reissue, the written description requirement, and appellate jurisdiction; and denials of two petitions presenting questions related to the non-obviousness requirement and anticipation. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include new petitions filed in four cases raising questions about the non-obviousness and novelty patentability requirements, the definiteness requirement, and principles of claim construction. The court also denied two petitions raising questions about eligibility and infringement. Here are the details.

This morning the Federal Circuit released a precedential opinion affirming a ruling of unpatentability as a result of the public use bar in a patent case appealed from the District of Delaware. The Federal Circuit also released three nonprecedential opinions. The first affirms a judgment in an inter partes review proceeding appealed from the Patent Trial and Appeal Board. The other two each dismiss a veterans case that was appealed from the Court of Appeals for Veterans Claims. Finally, the Federal Circuit released four nonprecedential orders dismissing appeals. Here are the introductions to the opinions and links to the dismissals.

This morning the Federal Circuit released two precedential opinions. The first comes in a takings case appealed from the Court of Federal Claims. In it, the Federal Circuit affirmed a dismissal of the claim for lack of a cognizable property interest. The second comes in patent case appealed from the Patent Trial and Appeal Board. In it, the Federal Circuit affirms the Board’s denial of rehearing of two inter partes review proceedings. The Federal Circuit also released two nonprecedential orders dismissing appeals and a Rule 36 judgment. Here are the introductions to the opinions and links to the dismissals and Rule 36 judgment.