FedCircuitBlog

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, three new petitions have been filed: one in a patent case, one filed by a pro se petitioner in a veterans case, and one by another pro se petitioner in an employment case. Additionally, an amicus brief in support of a petition was filed in a patent case raising questions concerning patent eligibility; a brief in opposition was filed in another patent eligibility case; a waiver of a right to respond was filed in a patent case concerning standing; and a petitioner filed a reply in a case raising a question about the Chevron doctrine’s applicability in veterans cases. Finally, the Court denied three petitions: two in takings cases and one in a patent case. Here are the details.

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. Furthermore, no new petitions have been filed. That said, the government filed two waivers of right to respond; a petitioner filed a reply in a case raising a question related to the jurisdiction of the Court of Federal Claims; and the Court denied certiorari in five cases: two in cases appealed from the Merit Systems Protection Board, one in a trade case, one in a patent case, and one in a case filed by a pro se petitioner. Here are the details.

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, three new petitions have been filed: one in an Equal Access to Justice Act case and two in patent cases raising questions related to eligibility and enhanced damages; members of Congress filed an amicus brief in an employment law case that involves interpretation of the Reservists Pay Security Act; the government submitted a brief in opposition in a case concerning the Tucker Act and another brief in opposition was filed in a patent case addressing the non-obviousness requirement; the government waived its right to respond in a pro se case; and the Court denied review in four cases. Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to the Supreme Court’s October 2021 term, the Court still has not granted any petitions in cases decided by the Federal Circuit. Two new petitions, however, were filed with the Court: one in a trade case and one in a takings case. As for previously filed petitions, one brief in opposition and three reply briefs were filed with the Court in patent, Tucker Act, and takings cases. Additionally, the government filed a waiver of right to respond in a pro se patent case, and the Court denied a petition in another pro se case. Here are the details.

• Set Phase to Subject Matter Ineligible: More Accurate Haplotype Phase Method Still Abstract – A patent for determining haplotype phase could not survive review under Alice according to the PTAB and the Federal Circuit.
• Federal Circuit Says Hawaii Telecom’s FCC Suit Belongs In DC Circuit – In Sandwich Isles Communications v. United States, the Federal Circuit denied an appeal seeking nearly $200 million in lost subsidies after the FCC cut off funding.

Here’s the latest.

This morning, the Federal Circuit issued a precedential opinion in a Tucker Act case, a nonprecedential opinion in a patent case appealed from the Patent Trial and Appeal Board, and a nonprecedential order dismissing a petition for a writ of mandamus related to two district court cases involving contract disputes. Here are the introductions to the opinions and text from the order.