FedCircuitBlog

Late yesterday, the Federal Circuit released a nonprecedential order dismissing an appeal. This morning, the Federal Circuit released a precedential opinion and five nonprecedential orders. The opinion comes in a case involving allegations of patent, trademark, and trade dress infringement. One of the orders transfers an appeal; one remands a case; and three are dismissals. Here are the introductions to the opinion and the orders transferring and remanding cases, along with links to the dismissals.

Late yesterday, the Federal Circuit released two nonprecedential orders dismissing appeals. This morning, the Federal Circuit released five nonprecedential orders. All of today’s orders also dismiss appeals. Here are links to the orders.

This morning, the Federal Circuit released two precedential opinions, two nonprecedential opinions, and five nonprecedential orders. One of the precedential opinions comes in a patent case. The other comes in an appeal from the Court of International Trade. As for the nonprecedential opinions, one comes in a patent case, and the other comes in a pro se case. One of the orders denies a petition for a writ of mandamus in a pro se case, while the other four are dismissals of appeals. Here are introductions to the opinions and the order denying the petition 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. Since our last update, the government filed its opening brief and several amicus briefs were filed in President Trump’s tariff case. Regarding pending petitions, three new petition were filed, one in a patent case and two in pro se cases. Additionally, respondents filed waivers of the right to respond in two cases. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit. Since our last update, with respect to granted petitions we have posted an opinion summary for a government contract case and an argument recap for a case addressing federal personnel law. With respect to pending petitions, two new petitions for en banc rehearing have been filed, one raising a question related to claim construction and one a question related to prosecution history estoppel. The Federal Circuit also denied petitions for en banc rehearing in two patent cases, one raising a question related to patent eligibility and one raising questions related to Federal Rule of Civil Procedure 52. Here are the details.

Late last month, the Federal Circuit issued its en banc opinion in Percipient.AI, INC. v. United States. In this case, Percipient.ai appealed a judgment of the Court of Federal Claims, which dismissed its bid protest for lack of standing. In an opinion authored by Judge Hughes and joined by Judges Dyk, Prost, Reyna, Chen, Cunningham, and Stark, the Federal Circuit affirmed the lower court’s judgment. Notably, Judge Stoll filed a dissenting opinion that was joined by Chief Judge Moore and Judges Lourie and Taranto. This is our opinion summary.

Last week the Federal Circuit held an en banc session to hear oral argument in Lesko v. United States, a federal employment law case. The case raises questions ultimately asking whether the Office of Personnel Management is authorized to adopt a requirement that any overtime pay be authorized in writing. This is our argument recap. 

Here is an update on recent en banc activity at the Federal Circuit. Since our last update, the en banc court heard oral argument in Lesko v. United States, an employment law case. Additionally, four new en banc petitions have been filed in patent cases raising questions related to the presumption of validity, eligibility, and claim construction. A new response was filed in a case concerning the appropriate test for design-patent infringement. Finally, the court denied petitions for en banc rehearing in two patent cases. Here are the details.

This morning, the Federal Circuit released two nonprecedential opinions, eleven nonprecedential orders, and a Rule 36 judgment. One of the opinions comes in a pro se case in an appeal from the Merit Systems Protection Board, while the other comes in an appeal from the Court of Appeals for Veterans Claims. Six of the orders deny petitions for writs of mandamus. Two of these denials come in patent cases. Another four orders dismiss appeals. Here are the introductions to the opinions and the orders other than the dismissals, along with links to the dismissals and Rule 36 judgment.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. The Supreme Court granted a petition to review the Federal Circuit’s en banc decision in the case challenging President Trump’s tariffs. With respect to pending petitions, since our last update new petitions were filed in a takings case and in two pro se cases; waivers of the right to respond to petitions were filed in two patent cases and three pro se cases; and an amicus brief was filed in a patent case. Here are the details.