Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. For the first time during the Supreme Court’s current term, the Court granted certiorari in a case decided by the Federal Circuit, but notably it did so only to vacate the Federal Circuit’s judgment and remand the case for further consideration of an Appointments Clause challenge. As for still-pending petitions, since our last update a pro se party filed a petition. Additionally, a petitioner filed a reply in support of its petition, which raised two questions related to retroactive application of inter partes review and the Federal Circuit’s use of summary affirmances. Lastly, the Supreme Court denied two petitions: one filed by a pro se petitioner and one in a patent case raising an Appointments Clause challenge. 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. Since our last update, however, five new petitions have been filed with the Court: one in a veterans case, three in patent cases, and one filed by a pro se petitioner. As for previously filed petitions, one supplemental brief and two waivers of right to respond were filed. Here are the details.