News

Recent News on the Federal Circuit

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

  • a blog post about the United States government’s statement of interest in the patent infringement case involving COVID-19 vaccines; and
  • an article about the U.S. International Trade Commission “bann[ing] imports of video-streaming fitness devices made by Peloton Interactive Inc and iFit Inc.”
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Opinions

Opinions and Orders – March 15, 2023

Late yesterday and later this morning, the Federal Circuit released one precedential opinion and five nonprecedential orders. In the opinion, the court affirmed a judgment in a case appealed from the Court of International Trade. Four of the orders dismiss appeals, while one is an erratum. Here is the introduction to the opinion and links to the dismissals and erratum.

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Opinions

Opinions and Orders – March 9, 2023

This morning the Federal Circuit issued one precedential opinion, three nonprecedential opinions, four nonprecedential orders, and a Rule 36 judgment. In the precedential opinion, the court vacated and remanded a case appealed from the Court of Federal Claims. In the first nonprecedential opinion, the Federal Circuit dismissed an appeal from the Court of Appeals for Veterans Claims. In the second nonprecedential opinion, the Federal Circuit affirmed a judgment of the Patent Trial and Appeal Board. And in the third nonprecedential opinion, the Federal Circuit affirmed a decision appealed from the Trademark Trial and Appeal Board. The Federal Circuit also issued four nonprecedential orders dismissing appeals. Here are the introductions to the opinions and links to the dismissals and Rule 36 judgment.

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Petitions / Supreme Court Activity

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 reply brief was filed in Amgen Inc. v. Sanofi, Aventisub LLC, a patent case addressing the enablement requirement. With respect to petitions, a new petition was filed with the Court in a veterans case and another in a pro se case; the government waived its right to respond in a pro se case; a brief in opposition was filed in a patent case; and a reply brief was filed in a trade case. Here are the details. 

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Opinions

Opinions and Orders – March 8, 2023

Late yesterday and this morning, the Federal Circuit released one precedential opinion and nine nonprecedential orders. In the precedential opinion, the court vacated and remanded a judgment appealed from the Court of Appeals for Veterans Claims. One of the nonprecedential orders denied a petition for appellate attorney fees and costs following a Federal Circuit decision reversing and remanding a judgment of the Merit Systems Protection Board. Two of the nonprecedential orders remand cases appealed from the Northern District of West Virginia. Finally, five of the nonprecedential orders dismiss appeals and one is an erratum. Here is the introduction to the opinion, text from the orders, and links to the dismissals and erratum.

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Opinions

Opinions and Orders – March 7, 2023

This morning the Federal Circuit issued two nonprecedential opinions, two nonprecedential orders, and a Rule 36 judgment. In the first nonprecedential opinion, the court dismissed an appeal from the Court of Appeals for Veterans Claims. In the second nonprecedential opinion, the Federal Circuit affirmed in part and dismissed in part another appeal from the Court of Appeals for Veterans Claims. In the first nonprecedential order, the Federal Circuit summarily affirmed a judgment of the Court of Federal Claims. In the second nonprecedential order, the Federal Circuit denied a petition for a writ of mandamus seeking to order the Court of Federal Claims to docket a complaint. Here are the introductions to the opinions, text from the orders, and a link to the Rule 36 judgment.

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Opinions

Opinions and Orders – March 2, 2023

This morning the Federal Circuit released one precedential opinion and four nonprecedential orders. In the precedential opinion, the court affirmed a case appealed from the Court of International Trade. Three of the nonprecedential orders dismiss appeals and one is an erratum. Here is the introduction to the opinion and links to the dismissals and erratum.

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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, there is no new activity to report since our last update. With respect to petitions, four new petitions were filed with the Court: one in a veterans case, one challenging the Federal Circuit’s use of summary affirmances, and two in pro se cases. The government waived its right to respond in a contract case, and a private party waived its right to respond in the case addressing the Federal Circuit’s use of summary affirmances. Finally, the Court denied a petition in a patent case. Here are the details. 

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Opinions

Opinions and Orders – March 1, 2023

Late yesterday and this morning, the Federal Circuit released two nonprecedential opinions and five nonprecedential orders. In the first nonprecedential opinion, the court vacated and remanded a judgment of the Patent Trial and Appeal Board. In the second nonprecedential opinion, the Federal Circuit affirmed a judgment in an appeal from the District of Delaware. In two nonprecedential orders, the Federal Circuit denied petitions in cases originating in the Western District of Texas and the Eastern District of Texas. The three additional nonprecedential orders dismiss appeals. Here are the introductions to the opinions, text from the orders, and links to the dismissals.

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Opinions

Opinions and Orders – February 28, 2023

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

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