FedCircuitBlog

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received a new petition raising questions related to assignments of patents and standing and a new response to a petition raising questions related to claim construction and the written description requirement. The court also requested a reply from a petitioner in support of its combined petition, which raised questions related to the Appointments Clause. Finally, the court denied two petition raising questions related to the standard of review for a grant or denial of a preliminary injunction and claim construction. Here are the details.

This morning the Federal Circuit issued a precedential opinion in a tax case appealed from the Court of Federal Claims. In the opinion, the Federal Circuit addressed a finding by the Court of Federal Claims that a lawsuit seeking a refund on paid taxes was not timely filed. Here is the introduction to the opinion.

This morning the Federal Circuit released three nonprecedential opinions. Two come in patent cases appealed, respectively, from the Patent Trial and Appeal Board and the Northern District of Ohio. The third comes in a Tucker Act case appealed from the Court of Federal Claims. Notably, in this third case Judge Newman wrote a dissenting opinion. Here are the introductions to the opinions.

Guest Post by Dr. Christal Sheppard

I am a patent law expert. However, a look at recent machinations in patent law, particularly in the United States Patent and Trademark Office’s (USPTO) leadership and the USPTO’s Patent Trial and Appeals Board (PTAB), reveals that many of the issues at the heart of patent law disputes stem from the Administrative Procedures Act (APA), administrative law, constitutional law, and, of course, politics, politics, politics. As a patent expert, I have found myself talking about the APA so often that I unconsciously write Administrative Patent Act by mistake. The United States Supreme Court decision in Arthrex, regarding the composition of PTAB, is the most recent foray into the intersection of administrative law and patent law.1

This morning the Federal Circuit issued a precedential opinion in a government contract case appealed from the Court of Federal Claims. The court also issued two nonprecedential opinions. The first comes in a patent case appealed from the Eastern District of New York. The second comes in a case appealed from the Court of Federal Claims concerning its jurisdiction. Here are the introductions to the opinions.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, the petitioner submitted his opening merits brief in George v. McDonough, a case which raises a question related to clear and unmistakable error in the context of a denial of a veteran’s claim for benefits. With respect to petitions, three new petitions have been filed: one raising a question in a takings case and two filed by pro se petitioners. The government filed a brief in opposition in a case concerning a government contract. The government also filed waivers of right to respond in a case appealed from the Merit Systems Protection Board as well as in a case submitted by a pro se petitioner. Finally, the Court denied certiorari in a patent case as well as in two cases filed by pro se petitioners. Here are the details.

Here is this month’s 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. Today, with respect to these cases we highlight three opinions: the first in a death benefit case addressing a former spouse’s annuity, the second in a patent case, and a consolidated cases regarding the Tucker Act. We also highlight reply briefs in three patent cases, and an argument recap in a patent case that attracted two amicus briefs. Here are the details.

This morning the Federal Circuit issued six precedential opinions. The first comes in a patent case appealed from the District of Virginia. The second comes in a trademark case appealed from the Trademark Trial and Appeal Board. The third and fourth come in employment cases appealed from the Merit Systems Protection Board. The fifth and sixth come in Tucker Act and tax cases respectively appealed from the Court of Federal Claims. Finally, the court issues a nonprecedential opinion in a trademark case appealed from the Trademark Trial and Appeal Board. Here are the introductions to the opinions.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. This week the Court granted certiorari in a veterans case that raises questions regarding equitable tolling and retroactive disability benefits. The Court also requested the Solicitor General file a brief expressing the views of the United States in a patent case raising a question regarding standing to challenge the validity of patents. Additionally, three new petitions were filed with the Court: two in cases appealing decisions from the Merit Systems Protection Board and one in a patent case. Moreover, one amicus brief was submitted in a patent case; three briefs in opposition were filed in trade, employment, and veterans cases; one waiver of right to respond was filed in a patent case; three petitions were denied; and one petition was dismissed. Here are the details.

This morning the Federal Circuit issued two precedential opinions in related cases appealed from the Court of Federal Claims. The first opinion addresses standing to bring takings claims against the Federal Housing Finance Agency. The second opinion also addresses standing but also subject matter jurisdiction. The Federal Circuit also issued a nonprecedential opinion in an employment case appealed from the Merit Systems Protection Board. Finally, the court issued an erratum. Here are the introductions to the opinions and a link to the erratum.