FedCircuitBlog

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, there is no new activity to report since our last update. With respect to petitions, one new petition was filed with the Court in a veterans case; two reply briefs in support of petitions were filed in a patent case and a veterans case; and the Court denied certiorari in three patent cases, three veterans cases, a trade case, a Fair Labor Standards Act case, and a pro se case. Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Last week, the Supreme Court granted a petition for certiorari in a case concerning the Merit Systems Protection Board. With respect to petitions, three new petitions were filed with the Court in two patent cases and one pro se case. Additionally, six waivers of right to respond, three briefs in opposition, and two reply briefs were filed with the Court. Finally, the Supreme Court denied certiorari in a patent case and two pro se cases. Here are the details.

This morning the Federal Circuit released a nonprecedential opinion in a pro se case appealed from the Merit Systems Protection Board. The court also released two nonprecedential orders, one summarily affirming a judgment of the Court of Federal Claims and another denying a petition for a writ of mandamus. Additionally, the Federal Circuit released four summary affirmances. Here is the introduction to the opinion, text from the orders, and links to the summary affirmances.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

• an article about the Federal Circuit finding that “Apple can’t reach back through history and apply the Beatles’ Apple Corps mark . . . to protect a broad category of live events and recordings”; and
• another article about how “[t]he Federal Circuit has clarified how courts should determine when accused patent infringers are barred from making invalidity arguments they didn’t include in an earlier [inter partes review] challenge.”

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

• a blog post assessing the Federal Circuit’s “reject[ion] [of the] argument that . . . PTAB Judges have an improper financial interest in instituting AIA proceedings”;
• an article discussing how General Motors, in a recent Federal Circuit decision, “beat back a challenge by computer-component maker Micro Mobio Corp” in a trademark dispute;
• another blog post providing an update on a case “in which the court concluded that the USPTO cannot recover expert witness fees in actions brought under 35 U.S.C. § 145”; and
• an article detailing how “Nokia Oyj, Sprint Corp., and Verizon Communications Inc. are cleared of allegations that their products infringe wireless network patents owned by Traxcell Technologies LLC.”

This morning the Federal Circuit issued three precedential opinions. The first two come in related patent cases appealed from the Eastern District of Texas and address claim construction, infringement, and definiteness. The third comes in another patent case appealed from the District of Columbia and replaces an earlier opinion, issued by the Federal Circuit in August, regarding the shifting of attorney and expert witness fees in civil actions to obtain patents. The Federal Circuit also issued two nonprecedential opinions appealed respectively from the Court of Appeals for Veterans Claims and the Trademark Trial and Appeal Board. Finally, the Federal Circuit issued four Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report includes a post on PatentlyO by Professor Arti K. Rai on the Federal Circuit’s Arthrex decision, additional commentary at IPWatchdog from a panel of IP experts on the impact of Arthrex, and a New York Times article on the Supreme Court’s rejection of Time Warner’s petition for certiorari.

It was a busy week at the Supreme Court in cases decided by the Federal Circuit. Three amicus briefs in favor of the respondent were filed in one of the four granted cases, Thryv, Inc. v. Click-to-Call Technologies, LP. With respect to petitions, multiple petitions were denied, two new petitions were filed, several party briefs were filed, and nine amicus briefs were filed in one case, Athena Diagnostics, Inc. v. Mayo Collaborative Services, LLC. We have the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. While there is no new activity to report in the merits cases, the Supreme Court did deny two petitions for certiorari. And while no new petitions were filed this week, two reply briefs in support of petitions were filed, and as were several amicus briefs.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Of the six pending merits cases, there was no new activity. Three new petitions, however, were filed, along with a supplemental brief, two response briefs, and an amicus brief.