Late yesterday, the Federal Circuit released two nonprecedential orders, one sua sponte vacating a preliminary injunction and the other dismissing an appeal. This morning, the Federal Circuit released a precedential order denying a petition for a writ of mandamus seeking to transfer a case out of the Marshall Division of the Eastern District of Texas to the Sherman Division of the Eastern District of Texas; four nonprecedential opinions in pro se cases; two nonprecedential orders dismissing appeals; and two summary affirmances. Here are the introductions to the opinions, the nonprecedential order vacating the preliminary injunction, and the precedential order denying the petition for a writ of mandamus, along with links to the summary affirmances and dismissals.
Recent Supreme Court Activity
This post summarizes recent activity at the Supreme Court in cases decided by the Federal Circuit.
- The Court received three new petitions this week: (1) Mantissa Corp. v. Ondot Systems, Inc., (2) Rovi Guides, Inc. v. Comcast Cable Communications, LLC, and (3) IYM Technologies LLC v. RPX Corp.
- Three briefs in opposition to petitions were filed with the Court, the first by Actavis in HZNP Finance Ltd. v. Actavis Laboratories UT, Inc., the second by CBS in Personal Audio, LLC v. CBS Corp., and the third by Biomarin in Duke University v. Biomarin Pharmaceutical Inc.
- Lastly, the Supreme Court denied a total of 19 different petitions this week.
Here are the details.
Recent News on the Federal Circuit
- CBM Review: A Postmortem – The covered business method review, expiring on September 15th, has seen a rise and fall in popularity that can be attributed to the Federal Circuit.
- Oracle Loses JEDI Appeal – In Oracle America, Inc. v. United States, the Federal Circuit affirmed the decision to allow the Department of Defense to issue a $10 billion, 10-year cloud-computing contract to Microsoft.
- Federal Circuit Has Jurisdiction over Constitutional Questions in AIA Appeals – Affirming the decision of the lower court in Security People, Inc. v. Iancu, the Federal Circuit confirmed its ability to decide factual issues when necessary to resolve a constitutional challenge.
Here’s the latest.
Opinions & Orders – September 2, 2020
This morning, the Federal Circuit issued one precedential opinion in a government contract case. The Federal Circuit also issued four nonprecedential opinions: one in a case appealed from the Merit Systems Protection Board, one in a patent case, one in a tax case, and one in a veterans case. Additionally, the Federal Circuit issued six Rule 36 judgments. Here are the introductions to the opinions and a list of the Rule 36 judgments.
Recent Supreme Court Activity
This post summarizes recent activity at the Supreme Court in cases decided by the Federal Circuit.
- After receiving three petitions last week, the Supreme Court received yet another petition from Lakshmi Arunachalam in Lakshmi Arunachalam, Petitioner v. SAP America, Inc.
- In Arthrex, Inc. v. Smith & Nephew, Inc., the petitioner submitted its reply to the Court, denouncing the claims made by the respondent and further advocating for their writ to be granted.
- Finally, the Supreme Court denied a total of eight different petitions this week, among that group of denied petitions are cases like Collabo Innovations, Inc. v. Sony Corp. and Comcast Corp. v. International Trade Commission. For the full list of denied petitions, see the list below.
Here are the details.
Recent En Banc Activity
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 relating to patent eligibility, the Appointments Clause, claim construction, and non-obviousness; one new response to a pending petition raising questions related to enablement, written description, and the 7th Amendment; and the denial of ten petitions raising issues including the Appointments Clause, claim construction, and implied licenses. Here are the details.
Recent En Banc Activity
Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include new petitions filed in thirteen cases raising questions related to the Appointments Clause, venue, and claim construction and the denial of six petitions raising questions related to non-obviousness, anticipation, inherency, procedure, the statutory experimental use exception, and the Appointments Clause. Here are the details.
Today’s Opinions – October 7, 2019
Today the Federal Circuit issued one nonprecedential opinion in a patent case, one nonprecedential opinion in a Court of Federal Claims case, two nonprecedential orders in related patent cases, and five Rule 36 judgments. Here are the introductions to the opinions and a list of the Rule 36 judgments.