FedCircuitBlog

This morning, the Federal Circuit released a nonprecedential opinion in a patent case appealed from the Patent Trial and Appeal Board. In the opinion, the court affirms the PTAB’s invalidation of a claim in an inter partes review proceeding. The claimed invention was a crossbow. Here is the introduction to the opinion.

Late yesterday, the Federal Circuit released two nonprecedential orders dismissing appeals. This morning, the court released two nonprecedential opinions. One comes in a veterans case appealed from the Court of Appeals for Veterans Claims, and the other comes in a patent case appealed from the Patent Trial and Appeal Board. Here are the introductions to the opinions as well as links to the dismissals.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. There are currently no pending cases previously decided by the Federal Circuit. As for pending petitions, since our last update, four new petitions were filed in a patent case, a case originally decided by the Merit Systems Protection Board, and two pro se cases, and four waivers of the right to respond to petitions were filed in a patent case and three pro se cases. Here are the details.

This morning, the Federal Circuit released one precedential opinion, two nonprecedential opinions, one nonprecedential order, and one Rule 36 summary affirmance. The precedential opinion comes in a government contract and takings case appealed from the Court of Federal Claims. One of the nonprecedential opinions comes in another takings case appealed from the Court of Federal Claims, and one comes in a patent case appealed from the Patent Trial and Appeal Board. The order dismisses an appeal. Here are the introductions to the opinions as well as links to the dismissal and summary affirmance.

This morning, the Federal Circuit released two nonprecedential opinions, one nonprecedential order, and two Rule 36 summary affirmances. One of the nonprecedential opinions comes in a case appealed from the Court of Federal Claims, and one comes in response to a petition to review a final decision of the Merit Systems Protection Board. The order dismisses an appeal. Here are the introductions to the opinions as well as links to the dismissal and the summary affirmances.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update, two new petitions for en banc rehearing have been filed raising questions related to damages and the Administrative Procedure Act. One new response was filed in a case raising a question related to appellate procedure. One new amicus brief was filed in a case raising questions related to enablement and written description. Finally, one petition was denied in a case raising a question related to inventorship. Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. There are currently no pending cases. As for pending petitions, since our last update, one new petition was filed in a pro se case; one waiver of the right to respond to a petition was filed in another pro se case; and the Court denied six petitions in four patent cases, one trademark case, and one more pro se case. Here are the details.

This morning, the Federal Circuit released two nonprecedential opinions and one nonprecedential order. One opinion comes in a patent case appealed from the Patent Trial and Appeal Board, and one comes in response to a petition for review of a decision of the Merit Systems Protection Board. The order dismisses an appeal. Here are the introductions to the opinions as well as a link to the dismissal.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. In the only pending case, a patent case addressing inducement of infringement and so-called skinny-labeling, since our last update the Court issued its decision. As for pending petitions, no new petitions were filed; two waivers of the right to respond to petitions were filed in a patent case and a pro se case; and two reply briefs were filed in patent cases. Here are the details.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today we highlight:

• an article reporting how the “Trump administration said it will appeal a judge’s authority to order across-the-board refunds of all tariffs ruled illegal by the U.S. Supreme Court”;
• a blog post discussing how the “Solicitor General has now filed the government’s brief in opposition in Hyatt v. Squires, . . . urging the Supreme Court to leave the Federal Circuit’s prosecution laches doctrine undisturbed”;
• a blog post suggesting a patent case pending in Texas “is notable” given the patent owner’s argument “that as a matter of law ongoing infringement constitutes irreparable harm, because . . . federal courts are obligated to apply the law of equity as it would have been understood” as of 1789; and
• an article explaining the Federal Circuit’s decision not to hold oral arguments in August is “because infrastructure work is being done on its courthouse.”