FedCircuitBlog

Here is an update on recent en banc activity at the Federal Circuit. Since our last update, three new petitions have been filed, and two previously filed petitions have been denied. The first new petition raises a question related to Article III jurisdiction to adjudicate patent infringement when the patent has already expired; the second raises a question regarding whether a court can rule on a motion for summary judgment of invalidity of a patent after ruling that the plaintiffs lacked standing; and the third raises a question concerning collateral estoppel related to a decision of the Patent Trial and Appeal Board. The two denied petitions came in a pro se case and in an appeal related to obviousness. Here are the details.

This morning, the Federal Circuit released three precedential opinions, four nonprecedential opinions, and a nonprecedential order. Of the precedential opinions, two come in patent cases on appeal from the Patent Trial and Appeal Board and the Eastern District of Wisconsin, and the other comes in a takings case on appeal from the Court of Federal Claims. Of the nonprecedential opinions, two come in pro se appeals, one comes in a veterans case, and the other comes in a patent case on appeal from the Court of Federal Claims. The lone nonprecedential order dismisses an appeal. Here are the introductions to the opinions and a link to the dismissal.

This morning the Federal Circuit released four nonprecedential orders. Each order dismisses an appeal. Here is text from the orders.

This morning the Federal Circuit released three nonprecedential opinions. Two come in patent cases appealed, respectively, from the Patent Trial and Appeal Board and the Northern District of Ohio. The third comes in a Tucker Act case appealed from the Court of Federal Claims. Notably, in this third case Judge Newman wrote a dissenting opinion. Here are the introductions to the opinions.