FedCircuitBlog

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, since our last update there is no new activity to report. Furthermore, no new petitions have been filed. That said, the government filed two waivers of right to respond; a petitioner filed a reply in a case raising a question related to the jurisdiction of the Court of Federal Claims; and the Court denied certiorari in five cases: two in cases appealed from the Merit Systems Protection Board, one in a trade case, one in a patent case, and one in a case filed by a pro se petitioner. 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 granted cases, six amicus briefs were filed in George v. McDonough, a case raising a question related to clear and unmistakable error in the context of review of denials of veterans’ claims for benefits. As for still-pending petitions, one new petition was filed by a pro se petitioner; two amicus briefs were filed in a case related to patent eligibility, including a brief filed by a former Federal Circuit judge; and two reply briefs were filed: one in a veterans case and one in a trade case. Finally, four waivers of right to respond were filed and the Court denied a petition in a case concerning patent eligibility. Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. This week the Court granted certiorari in a veterans case that raises questions regarding equitable tolling and retroactive disability benefits. The Court also requested the Solicitor General file a brief expressing the views of the United States in a patent case raising a question regarding standing to challenge the validity of patents. Additionally, three new petitions were filed with the Court: two in cases appealing decisions from the Merit Systems Protection Board and one in a patent case. Moreover, one amicus brief was submitted in a patent case; three briefs in opposition were filed in trade, employment, and veterans cases; one waiver of right to respond was filed in a patent case; three petitions were denied; and one petition was dismissed. 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, since our last update the Court has not granted certiorari in any cases decided by the Federal Circuit. Three new petitions, however, have been filed with the Supreme Court: two in patent cases and one in a pro se case. Moreover, nine amicus briefs across three cases have been filed. Additionally, four waivers of right to respond, two briefs in opposition, and three replies have been filed. 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. Two new petitions, however, were filed with the Court: one in a trade case and one in a takings case. As for previously filed petitions, one brief in opposition and three reply briefs were filed with the Court in patent, Tucker Act, and takings cases. Additionally, the government filed a waiver of right to respond in a pro se patent case, and the Court denied a petition in another pro se case. Here are the details.

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

• an article discussing the filing of an amicus brief in the aftermath of the Federal Circuit’s recent treatment of “skinny labels;”
• a conversation about President Biden’s potential federal court nominations based on previous picks and patterns; and
• an article discussing how steel importers are urging the Federal Circuit to reverse a panel decision upholding levies on steel imports.

This morning the Federal Circuit issued two precedential opinions, one addressing pleading requirements in a patent infringement case and the other reversing a judgment of the United States Court of International Trade over a dissent by Judge Reyna. Additionally, the court issued four nonprecedential opinions in two patent cases and two cases dismissed by the Court of Federal Claims for lack of jurisdiction. The court also issued a nonprecedential order denying a petition for a writ of mandamus to order the Western District of Texas to transfer a patent case. Here are the introductions to the opinions and the order.

This morning the Federal Circuit issued a nonprecedential opinion in a design patent case; a nonprecedential opinion in a trademark case; a nonprecedential opinion in an appeal from the Court of Veterans Appeals; a nonprecedential opinion in an appeal from the Merits Systems Protection Board; a nonprecedential order denying a motion to stay a final judgment of the Court of International Trade pending an appeal over a dissent by Judge Taranto; and two Rule 36 judgments. Here are the introductions to the opinions, text from the order; and a list of the Rule 36 judgments.