Last week, the Federal Circuit issued its opinion in Teradata Corporation v. SAP SE, a case we have been following because it attracted amicus briefs. In this case, the Federal Circuit considered an appeal asking it to review a district court’s grant of summary judgment dismissing tying and trade secret claims. In an opinion authored by Judge Taranto and joined by Judges Lourie and Hughes, the Federal Circuit transferred the appeal to the Court of Appeals for the Ninth Circuit. This is our opinion summary.
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:
- a blog post about how, “as of today, . . . no transcript has been made available” from the July 13 hearing from the ongoing investigation into Judge Newman’s fitness to serve as a judge;
- an article discussing how the Federal Circuit may be “on the verge of upending [the] harmonious co-existence between design patents and utility patents”; and
- a blog post about a recently-decided case we have been following because it attracted an amicus brief and its impact on the Federal Circuit’s appellate jurisdiction.
Opinions & Orders – August 3, 2023
This morning, the Federal Circuit released four opinions: a precedential opinion in a trade case addressing lack of jurisdiction, a precedential opinion in a veterans case addressing the Equal Access to Justice Act, another precedential opinion in a veterans case involving a dispute related to a transfer out of the Active Reserve Program and into the Individual Ready Reserve, and a precedential opinion in a veterans case addressing service connection for an acquired psychiatric disorder. Late yesterday and this morning, the court also released three nonprecedential orders, two dismissing appeals and one erratum. Here are the introductions to the opinions and links to the dismissals and the erratum.
Update on Important Panel Activity
Here is this month’s 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 two new patent cases; opinions in a Clean Water Act case and a pro se case; a summary affirmance in a patent case; and oral arguments in a pro se case, a trade case, and two related patent cases. Here are the details.
Argument Recap – Teradata Corp. v. SAP SE
Earlier this month, the Federal Circuit heard oral argument in Teradata Corp. v. SAP SE, an antitrust case. In this case, the Federal Circuit is reviewing a district court’s grant of summary judgment dismissing tying and trade secret claims. This is our argument recap.
Court Week – June 2023 – What You Need to Know
This week is Court Week at the Federal Circuit. In total, the court will convene eleven panels to consider 50 cases this week. Of these 50 cases, the court will hear oral arguments in 40. The Federal Circuit is providing access to live audio of these arguments via the Federal Circuit’s YouTube channel. This month, four cases attracted amicus briefs. Here’s what you need to know about these four cases.
Argument Preview – Teradata Corp. v. SAP SE
As we mentioned yesterday, four cases being argued in June at the Federal Circuit attracted amicus briefs. One of those cases is Teradata Corp. v. SAP SE. In this case, the Federal Circuit will review a district court’s grant of summary judgment dismissing tying and trade secret claims. This is our argument preview.