Petitions / Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, a merits brief and an amicus brief were filed in Vidal v. Elster, a trademark case concerning the First Amendment. With respect to petitions, three new petitions were filed with the Court in two patent cases addressing eligibility and prosecution laches respectively and in a takings case. Additionally, waivers of right to respond were filed in the patent case addressing prosecution laches and in a pro se case, and a supplemental brief was filed with the Court in a patent case addressing eligibility. Finally, three amicus briefs were filed in a patent case addressing judicial review of determinations whether to institute inter partes review proceedings. Here are the details.

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Opinions

Opinions & Orders – September 12, 2023

This morning, the Federal Circuit released four nonprecedential opinions and four Rule 36 summary affirmances. One of the opinions comes in a patent case addressing an appeal from eight final written decisions from the Patent Trial and Appeal Board. Another of the opinions dismisses for lack of jurisdiction an appeal from the Court of Appeals for Veterans Claims. The final two opinions address appeals from the same pro se plaintiff from judgments of the Merit Systems Protection Board. Here are the introductions to the opinions and links to the summary affirmances.

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Petitions / Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, an amicus brief was filed in support of respondent in Vidal v. Elster. With respect to petitions, two new petitions in two pro se cases were filed with the Court. Additionally, the government waived its right to respond to petitions in an employment case and in a pro se case. Here are the details.

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Opinions

Opinions & Orders – June 30, 2023

This morning, the Federal Circuit released a precedential order granting a petition for en banc rehearing in a design patent case addressing obviousness. The court also released three nonprecedential opinions: one in a patent case appealed from the Patent Trial and Appeal Board and two in related pro se cases appealed from the Merit Systems Protection Board. Here are the introductions to the order and opinions.

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En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received a new petition raising a question related to indefiniteness. Additionally, the court received a response to a petition concerning the treatment of expert opinions. Lastly, the court denied three petitions raising questions related to the termination of inter partes review proceedings, jurisdiction, and enablement. Here are the details.

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En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. It was a busy week at the Federal Circuit. The court received two new petitions in cases addressing issues of enablement, eligibility, and personal jurisdiction. Additionally, the court invited responses in three cases addressing termination of inter partes review proceedings, evaluation of expert opinions on summary judgment, and competitor standing. The court also received a response to a petition raising a question related to enablement. Lastly, the court issued two new denials, one in a case concerning 35 U.S.C. § 112(f) and another in a pro se case. Here are the details.

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Opinions / Panel Activity

Opinion Summary – Trimble Inc. v. PerDiemCo LLC

Earlier this month, the Federal Circuit decided Trimble Inc. v. PerDiemCo LLC, a patent case we have been following because it attracted an amicus brief. The amicus brief argued that Red Wing Shoe Co. v. Hockerson-Halberstadt, Inc., “which held that patent licensing demand letters can never suffice to create personal jurisdiction over asserters of those patents, is inconsistent with controlling Supreme Court precedent.” Judge Dyk authored a unanimous panel decision reversing and remanding the district court’s decision not to assert personal jurisdiction over PerDiemCo. In the court’s view, its “more recent cases have concluded that, in the context of patent litigation, communications threatening suit or proposing settlement or patent licenses can be sufficient to establish personal jurisdiction.” This is our opinion summary.

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News

Recent News on the Federal Circuit

If San Francisco Is Not Your Final Destination… – On NatLawReview.com, George Summerfield and Katherine Allor examine the Federal Circuit’s recent patent case addressing personal jurisdiction, Trimble, Inc. v. PerDiemCo LLC.

New Vision Gaming & Development, Inc. v. SG Gaming, Inc. – Kevin E. Noonan reports on this case that we have been tracking, which involved alleged due process violations by the Patent Trial and Appeal Board. 

Here is the latest.

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News

Recent News on the Federal Circuit

Here is the latest.

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Opinions

Opinions & Orders – May 12, 2021

This morning the Federal Circuit issued one precedential opinion in a patent case appealed from the Patent Trial and Appeal Board, one precedential opinion in patent case appealed from a district court, and one Rule 36 summary affirmance of a decision by the United State International Trade Commission. Here are the introductions of the opinions and the summary affirmance.

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