FedCircuitBlog

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, two new petitions were filed with the Court in a veterans case and a case raising a question concerning judicial disqualification; a brief in opposition was submitted in another veterans case addressing the standard of proof governing rejection of disability claims; the government waived its right to respond in a Merit Systems Protection Board case; and one reply brief was submitted in a patent case raising a question related to patent eligibility. Here are the details.

Late yesterday and this morning, the Federal Circuit released four nonprecedential orders. One vacates an order issued by the Court of Federal Claims and remands the case in view of a recent decision of the Supreme Court related to the constitutionality of a fee increase; one grants an unopposed motion to remand a case to the Patent Trial and Appeal Board based on an admission by the Director of the Patent and Trademark Office of error by the Board; one grants a joint motion to dismiss an appeal; and one dismisses an appeal for failure to prosecute. Here is the text from the orders and links to the dismissals.

This morning the Federal Circuit released a precedential opinion in a patent case appealed from the Patent Trial and Appeal Board. In its opinion, the Federal Circuit affirmed the Board’s denial of motions to terminate and its unpatentability determinations. The Federal Circuit also released four nonprecedential orders. One transfers an appeal to the Court of Appeals for the District for the District of Columbia Circuit; one summarily affirms; and two dismiss appeals. Here is the introduction to the opinion, text from the orders, and links to the dismissals.

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, one new petition was filed with the Court in a patent case raising a question related to inter partes review estoppel; a brief in opposition was submitted in another patent case raising a question related to patent eligibility; the government waived its right to respond to a petition filed in a pro se case; and two reply briefs were submitted in patent cases addressing so-called “skinny labelling” and the written description requirement. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit. In a pending en banc case raising questions related to whether on-the-job exposure to the recent novel coronavirus entitled federal correctional officers to additional pay pursuant to various federal statutes, the court received two amicus briefs in support of the officers. The court also received a new petition in a patent case raising a question related to assignor estoppel. Here are the details.

This morning the Federal Circuit released three precedential opinions. The first comes in a patent case appealed from the Eastern District of Virginia; the second comes in a trade case appealed from the Court of International Trade; and the third comes in a veterans case appealed from the Court of Appeals for Veterans Claims. Notably, in the trade case, Judge Newman dissented. The Federal Circuit also released three nonprecedential opinions in patent cases appealed from the Court of Federal Claims, the District of South Carolina, and the Patent Trial and Appeal Board, respectively. Finally, the Federal Circuit released a nonprecedential order dismissing an appeal for failure to prosecute and a Rule 36 judgment. Here are the introductions to the opinions, a link to the dismissal, and a link to the Rule 36 judgment.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. The only activity to report is that one new petition was filed by a pro se petitioner. Here are the details.

This morning the Federal Circuit released a precedential opinion in a trade case appealed from the Court of International Trade. In its opinion, the Federal Circuit affirmed the Court of International Trade’s decision to dismiss for lack of jurisdiction amended complaints seeking refunds. Here is the introduction to the opinion.

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, a brief in opposition and a reply brief were submitted in two patent cases raising questions related to patent law’s written description requirement. The government also waived its right to respond to a petition filed in a tax case. Here are the details.

This morning the Federal Circuit released a precedential opinion in a patent case appealed from the International Trade Commission. In the opinion, the Federal Circuit affirmed the Commission’s determination of no infringement and a lack of domestic industry as to one patent and, with respect to an expired patent, vacated and remanded the case with instructions to dismiss due to the patent’s expiration. Notably, in the course of analyzing infringement of the first patent, the court highlighted that “a computer-implemented claim drawn to a functional capability requires some showing that the accused computer-implemented device is programmed or otherwise configured, without modification, to perform the claimed function when in operation.” The Federal Circuit also released a nonprecedential order denying a motion for leave to proceed in forma pauperis and dismissing the appeal. Here is the introduction to the opinion and text from the order.