FedCircuitBlog

As we have highlighted, three cases scheduled to be argued in November at the Federal Circuit attracted amicus briefs. One of those cases is ATS Ford Drive Investment, LLC v. United States, a case involving a taking claim. In this case, ATS Ford Drive Investment appeals a judgment of the Court of Federal Claims, which granted a motion for summary judgment in favor of the government. This is our argument preview.

Here is an update on activity in cases pending before panels of the Federal Circuit where the case involves at least one amicus brief. We keep track of these cases in the “Other Cases” section of our blog. Today with respect to these cases we highlight one new opinion in a case raising a question related to se advertising counterclaims under the Lanham Act; two new cases, one a takings case and another a patent case; and new briefing in a case raising questions related to whether a district court erred in denying a motion to intervene and to unseal court records. 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, the Supreme Court heard oral arguments last week in Bufkin v. McDonough. With respect to petitions, three new petitions were filed in two patent cases and a veterans case, two new briefs in opposition were filed in patent cases, and one new amicus brief was filed in a veterans case. In addition, the Court denied the petitions in a patent case and a pro se case. Here are the details.

This morning, the Federal Circuit released one precedential opinion, one nonprecedential opinion, and five nonprecedential orders. The precedential opinion comes in an international trade dispute. The nonprecedential opinion comes in a veterans case. One of the nonprecedential orders grants a motion for summary affirmance, while two of the orders transfer cases. The remaining two orders are dismissals. Here are the introductions to the opinions and orders, plus links to the dismissals.

This morning, the Federal Circuit released two nonprecedential opinions and a nonprecedential order. Both of the opinions affirm decisions of the Merit Systems Protection Board. The order is a dismissal. Here are the introductions to the opinions and a link to the dismissal.

Late yesterday the Federal Circuit released one nonprecedential order dismissing a case. This morning the Federal Circuit released one nonprecedential opinion affirming a judgment of the Court of Federal Claims in a pro se case. Here is the introduction to the opinion and a link to the dismissal.

This morning the Federal Circuit released one precedential opinion, two nonprecedential opinions, and one nonprecedential order. The precedential opinion affirms the judgment of the Court of International Trade, which dismissed a case for lack of subject matter jurisdiction. The first nonprecedential opinion vacates judgments of non-infringement and invalidity and reverses an exceptional case finding in a patent case. The second nonprecedential opinion affirms a dismissal in a pro se case. The order is a dismissal. Here are the introductions to the opinions and a link to the dismissal.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, the respondent’s merits brief was filed in Feliciano v. Department of Transportation. While no new petitions were filed, a waiver of the right to respond was filed in a pro se case. In addition, the Court denied the petitions in six patent cases, one takings case, and three pro se cases. Here are the details.

This morning the Federal Circuit released two precedential opinions, two nonprecedential opinions, and one nonprecedential order. The first precedential opinion comes in a patent case appealed from the District of Connecticut, while the second precedential opinion comes in a trade case appealed from the Court of International Trade. Both nonprecedential opinions affirm orders of the Merit Systems Protection Board. The nonprecedential order comes in a patent case involving a joint stipulation of voluntary dismissal. Here are the introductions to the opinions and text from the order.

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

• a blog post discussing a case set for argument this week in which the “Federal Circuit is set to decide an important issue regarding the scope of prior art that can be considered during inter partes review (IPR) proceedings”;
• an article reporting how the Supreme Court recently “turned down several petitions seeking review of decisions in patent cases, including appeals dealing with double patenting, patent eligibility and Patent Trial and Appeal Board procedures”; and
• an article highlighting a recent Federal Circuit decision vacating and remanding a case because the lower court “wrongly dismissed” a claim “seeking a refund on tax penalties.”