Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted petitions, the Supreme Court recently heard oral argument and issued opinions, respectively, in two cases decided by the Federal Circuit. With respect to pending petitions, three new petitions have been filed in two patent cases and a pro se case, a brief in opposition and a reply brief was filed in case raising a question related to certification of questions of law, and another reply brief was filed in support of a petition in a patent case. Finally, since our last update the Court has denied two petitions, one raising questions related to recusal and the other raising a question related to patent infringement. Here are the details.
Opinions & Orders – May 13, 2025
Today the Federal Circuit released one nonprecedential opinion in a pro se case, one nonprecedential order dismissing an appeal, and one Rule 36 summary affirmance. Here are the introductions to the opinions and order and a link to the summary affirmance.
Opinions & Orders – May 12, 2025
Today the Federal Circuit released a precedential opinion affirming in part, vacating in part, and remanding in part a case involving an interference between patent applications related to CRISPR-Cas9. The court also released two nonprecedential opinions in two pro se cases, four Rule 36 summary affirmances, and two nonprecedential orders dismissing appeals. Here are the introductions to the opinions and links to the summary affirmances and dismissals.
Opinions & Orders – May 9, 2025
This morning the Federal Circuit released seven nonprecedential opinions and a nonprecedential order dismissing an appeal. Three of the nonprecedential opinions come in international trade cases, two on appeal from the Department of Commerce and one from the Court of International Trade. The other four nonprecedential opinions come in pro se cases on appeal from the Merit Systems Protection Board and the Office of Personnel Management. Here are the introductions to the opinions and a link to the dismissal.
Opinions & Orders – May 7, 2025
Today the Federal Circuit released four precedential opinions, a nonprecedential opinion, two summary affirmances, and a dismissal. Two of the precedential opinions comes in related patent cases. In the first opinion, the court dismisses an appeal from a decision of the Patent Trial and Appeal Board because the appellant did not have standing. Notably, Judge Hughes filed a concurring opinion. In the second opinion, the court reversed an order by the District of New Jersey granting a preliminary injunction. In the third precedential opinion the Federal Circuit affirmed a judgment of the District of Delaware in a patent case. In the fourth precedential opinion, the Federal Circuit affirmed a decision of the Trademark Trial and Appeal Board. The nonprecedential opinion comes in a pro se case appealed from the Court of Federal Claims. Here are the introductions to the opinions and links to the summary affirmances and dismissal.
Opinions & Orders – May 6, 2025
Today the Federal Circuit released two precedential opinions, two nonprecedential opinions, and a nonprecedential order. One of the precedential opinions comes in a patent case appealed from the Patent Trial and Appeal Board, while the other precedential opinion comes in another patent case appealed from the District of Delaware. One of the nonprecedential opinions comes in a pro se case appealed from the Court of Federal Claims, while the other nonprecedential opinions comes in another patent case appealed from the District of Delaware. The court issued the nonprecedential order sua sponte to order the appellants to show cause why they should not be sanctioned for violated Federal Circuit Rule 32(b)(1) and a prior order. Here are the introductions to the opinions and a link to the order.
Opinions & Orders – April 28, 2025
This morning, the Federal Circuit released two nonprecedential opinion and five nonprecedential orders. Both of the opinions come in international trade cases appealed from the Court of International Trade. One of the orders denies a petition for a writ of mandamus, one grants a motion for summary affirmance, one transfers an appeal, and two dismiss appeals. Here are the introductions to the opinions and the order denying the petition, along with links to the other orders.
Update on Important Panel Activity
Here is an update on activity in cases pending before panels of the Federal Circuit where the cases involve at least one amicus brief. We keep track of these cases in the “Other Cases” section of our blog. With respect to these cases, since our last update we highlight one new opinion in government contract case, one new patent case raising a question related to Article III standing, and one new argument recap in a patent case involving a challenge to a district court’s claim construction. Here are the details.
Opinions & Orders – April 25, 2025
Today the Federal Circuit released three nonprecedential orders and an errata. Two of the orders transfer appeals, while the third dismisses an appeal. Here are links to the orders and the errata.
Recent Activity at the Supreme Court
Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted petitions, the petitioner filed his reply brief in Soto v. United States, a veterans case. With respect to pending petitions, one new petition was filed in a government contract case; a waiver of the right to respond was filed in a takings case; a brief in opposition was filed in a patent case; and an amicus brief was filed in the same takings case. In addition, the Court denied petitions in two patent cases and five pro se cases. Here are the details.