Here is an update on recent en banc activity at the Federal Circuit. In one of the two pending en banc cases addressing veterans law, the court requested the parties file supplemental briefs to address concerns with Article III standing. Other updates include new petitions raising questions related to patent marking, expert testimony, willful infringement, and sanctions; a new invitation to respond to a petition raising a question related to remedies; a new amicus brief in a case raising a question related to double-patenting; and the denial of two petitions raising questions related to patent eligibility and claim construction. Here are the details.
Opinions & Orders – September 16, 2020
The Federal Circuit issued a nonprecedential order in a veterans case late yesterday. This morning, the court issued a pair of Rule 36 judgments. Here is the text of the order and links to the Rule 36 judgments.
Recent En Banc Activity
Here is an update on recent en banc activity at the Federal Circuit. In one of the two cases in which the court has granted en banc hearings, the National Organization of Veterans Advocates filed a reply brief. In cases with pending petitions for en banc consideration, highlights include responses to two petitions raising issues related to patent eligibility and inventorship, and a voluntary withdrawal of a petition related to venue.
Recent En Banc Activity
Here is an update on recent en banc activity at the Federal Circuit. Highlights include a sua sponte grant of an en banc hearing in a veterans case, the filing of the government’s brief in another veterans case in which the court previously granted an en banc hearing, a new petition raising questions related to patent claim construction, the denial of a petition raising questions related to injunctive relief, and the denial of a petition in a pro se case. Here are the details.
Recent News on the Federal Circuit
- Full Federal Circuit Will Consider Court Review of VA Rules – The Federal Circuit will consider whether it lacks jurisdiction to review interpretive rules in the VA’s administrative staff manual.
- CAFC Issues Another Precedential Decision on Standing – In a recent opinion, the Federal Circuit addressed standing requirements regarding IPRs.
- Federal Circuit Sinks Another Attempt to Use PTO Guidance – The Federal Circuit makes clear that it does not apply USPTO guidance when determining subject matter eligibility.
Here’s the latest.
Today’s Opinions – March 3, 2020
This morning the Federal Circuit issued two precedential opinions in veterans cases, one nonprecedential opinion in a patent case, two nonprecedential opinions in Merit Systems Protection Board cases, one nonprecedential opinion in a veterans case, and two Rule 36 judgments. Continue reading for introductions to the opinions and a list of the Rule 36 judgments.