FedCircuitBlog

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

• a blog post discussing how, “[s]ince the institution of inter parte review . . . proceedings under the Leahy-Smith America Invents Act in 2012, parallel proceedings before the Patent Trial and Appeals Board and district courts have become somewhat commonplace”; and
• a report analyzing how “[r]ecent administrations have conducted several investigations into whether various foreign practices are actionable . . . under Section 301 [of the Trade Act of 1974], . . . one of a number of statutes those administrations have used to impose tariffs on various U.S. imports.”

Late yesterday, the Federal Circuit released a nonprecedential order dismissing an appeal. This morning, the court released two nonprecedential opinions and seven nonprecedential orders. One of the nonprecedential opinions comes in a case involving sanctions appealed form the Central District of Illinois, and the other opinion comes in a patent case appealed from the Central District of California. One of the nonprecedential orders summarily affirms an appeal from the Court of Federal Claims, one comes in response to a patent case appealed form the International Trade Commission, two come in response to petitions to review final decisions of the Merit Systems Protection Board, and three dismiss appeals. Here are the introductions to the opinions and the orders other than dismissals, 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This morning, the Federal Circuit released four nonprecedential opinions. One comes in a case appealed from the Court of Federal Claims, one comes in response to a petition to review a final decision of the Merit Systems Protection Board, one comes in response to a petition to review an arbitrator’s decision, and one comes in a patent case appealed from the Northern District of Illinois. Here are the introductions to the opinions.

Late yesterday, the Federal Circuit released a nonprecedential order dismissing an appeal. This morning the court released seven nonprecedential opinions. Four come in patent cases appealed from the Patent Trial and Appeal Board; one comes in response to a petition for review of a final decision of the Merit Systems Protection Board; one comes in a patent case appealed from the Southern District of California; and one comes in a case appealed from the Court of Federal Claims. Here are the introductions to the opinions as well as a link to the dismissal.

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

• an article noting how “[s]everal U.S. senators expressed strong support at a hearing Tuesday for a bill aimed at expanding which inventions are eligible for patents, while others appeared to have reservations about the potential effect of the proposed changes on healthcare costs”;
• a blog post discussing how the Federal Circuit “reaffirmed its understanding that so-called ‘book of wisdom’ evidence can be used in estimating the hypothetical bargain the parties would have negotiated as of the date of infringement, but not to alter the terms of the bargain they would have struck in view of ex post evidence”;
• a blog post highlighting how a “unanimous opinion authored by Judge Hughes affirmed” fixing “the government’s liability for infringing . . . through a hypothetical negotiation rather than simply using the rates in the parties’ prior license”; and
• a blog post suggesting risk to patent rights created using artificial intelligence “almost never comes from the AI model’s involvement.”

Last week the Federal Circuit issued its opinion in Dougherty Electric, Inc. v. United States, a tax case we have been following because it attracted an amicus brief. In this case, Dougherty Electric appealed a dismissal by the Court of Federal Claims of a tax refund suit for lack of subject matter jurisdiction. In an opinion authored by Judge Prost and joined by Judges Lourie and Taranto, the court affirmed-in-part, vacated-in-part, and remanded the case. This is our summary of the opinion.

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.

Late yesterday, the Federal Circuit released a nonprecedential order vacating a judgment and remanding a case in light of the Supreme Court’s judgment in the case. This morning, the court issued three precedential opinions, four nonprecedential opinions, and one nonprecedential order. One of the precedential opinions comes in a correction of military records case appealed from the Court of Federal Claims; one comes in a copyright case appealed from the Court of Federal Claims; and one comes in a trade case appealed from the Court of International Trade. Of the nonprecedential opinions, ones comes in response to a petition to review a final decision of the Merit Systems Protection Board; one comes in a veterans case appealed from the Court of Appeals for Veterans Claims; and two come in patent cases appealed from the Patent Trial and Appeal Board. Today’s order dismisses an appeal. Here are the introductions to the opinions and yesterday’s order 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. There are currently no pending cases. As for pending petitions, since our last update, two new petitions were filed in pro se cases; one waiver of the right to respond to a petition was filed in another pro se case; and one brief in opposition was filed in a patent case. Here are the details.