FedCircuitBlog

This morning, the Federal Circuit released two precedential opinions. One of the opinions comes in a patent cases addressing claim construction. The other also comes in a patent case, this one challenging instructions the Director of the Patent and Trademark Office had given to the Patent Trial and Appeal Board related to its authority to decline petitions for inter partes review. The court also released three nonprecedential opinions. The first comes in an appeal of a decision of the Patent Trial and Appeal Board; the second comes in a patent infringement case and addresses an award of enhanced damages; and the third comes in a pro se appeal of a decision of the Court of Federal Claims. The Federal Circuit also released nine nonprecedential orders. Three transfer matters; three dismiss appeals; one remands a case; and two deny petitions for writs of mandamus. Finally, the court also released a Rule 36 judgment. Here are the introductions to the opinions and orders other than dismissals, along with links to the dismissals and Rule 36 judgment.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Since our last update, there has been no new activity at the Supreme Court in the two pending cases decided by the Federal Circuit. As for petitions, new petitions were filed in a takings case, a case addressing sanctions, and a pro se case. The Supreme Court also denied petitions in a veterans case, a case addressing the Quiet Title Act, and four pro se 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 suggesting a recent Supreme Court decision could “signal that the Court may rule against the administration in the Trump tariff cases”;
• an article analyzing how in President Trump’s tariff case the Supreme Court “has to navigate a direct clash between two constitutional values: the Hamiltonian imperative for executive agility in responding to complex, multi-vector hybrid, or irregular threats, and the Madisonian commitment to decentralized power and legislative oversight in the regulation of commerce”;
• an article reporting how “[a]n attorney for Federal Circuit Judge Pauline Newman said . . . the 98-year-old judge plans to appeal to the U.S. Supreme Court after the full D.C. Circuit refused to reconsider a decision affirming the dismissal of her lawsuit challenging her suspension”; and
• a blog post commenting on the oral argument in “a long-running challenge to the USPTO’s Fintiv discretionary denial framework.”

Last week, the Federal Circuit Court heard oral argument in Apple Inc. v. Squires, a case we have been watching because it attracted four amicus briefs. In it, Apple Inc., Cisco Systems, Inc., Google LLC, and Intel Corp. appeal a district court’s determination that the adoption of a precedential framework by the Patent and Trademark Office to govern whether the Patent Trial and Appeal Board will institute inter partes review when parallel district court litigation exists did not require notice-and-comment rulemaking under the Administrative Procedure Act. Judges Lourie, Taranto, and Chen heard the oral argument. This is our argument recap. 

This week is Court Week at the Federal Circuit. The court will convene 12 panels to consider 65 cases. Of the 65 cases, the court will hear oral argument in 44. The Federal Circuit provides access to live audio of these arguments via the Federal Circuit’s YouTube channel. This month, one case scheduled for oral argument attracted amicus briefs. Here’s what you need to know about this case.

One case being argued at the Federal Circuit in January attracted amicus briefs. That case is Apple Inc. v. Squires. In it, Apple Inc., Cisco Systems, Inc., Google LLC, and Intel Corp. appeal a district court’s determination that the adoption of a precedential framework by the Patent and Trademark Office to govern whether the Patent Trial and Appeal Board will institute inter partes review when parallel district court litigation exists did not require notice-and-comment rulemaking under the Administrative Procedure Act. This is our argument preview.

Late yesterday, the Federal Circuit released two nonprecedential orders dismissing appeals. This morning, the court released two precedential opinions and five nonprecedential opinions. One of the precedential opinions comes in a patent infringement case and, notably, includes an opinion concurring-in-part and dissenting-in-part. The other precedential opinion comes in an appeal of a decision of the Merit Systems Protection Board. Three of the five nonprecedential opinions come in patent cases; one comes in an appeal from the Court of Appeals for Veterans Claims; and the other comes in an appeal of a decision of the Armed Services Board of Contract Appeals. Here are the introductions to the opinions and links to yesterday’s dismissals.

Late yesterday, the Federal Circuit released two nonprecedential orders, one dismissing an appeal. The other order granted a motion to vacate a judgment of the Court of International Trade. This morning, the Federal Circuit released one precedential opinion, three nonprecedential opinions, one nonprecedential order dismissing an appeal, and three Rule 36 judgments. The precedential opinion comes in a pro se appeal from the Court of Appeals for Veterans Claims. All three nonprecedential opinions also come in pro se appeals, one from the Court of Appeals for Veterans Claims and two from the Merit Systems Protection Board. Here are the introductions to the opinions and links to the orders and Rule 36 judgments.

Late yesterday, the Federal Circuit released a nonprecedential order dismissing an appeal. This morning, the court released four nonprecedential opinions, one Rule 36 judgment, and another nonprecedential order dismissing an appeal. Two of the opinions come in pro se cases involving the same petitioner. The third opinion comes in an appeal from a decision of the Patent Trial and Appeal Board, while the fourth opinion comes in an appeal from a decision of the Merit Systems Protection Board. Here are the introductions to the opinions and links to the Rule 36 judgment and dismissals.

This morning, the Federal Circuit released two nonprecedential orders dismissing appeals. Here are links to the dismissals.