FedCircuitBlog

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 The Federal Circuit also released three nonprecedential opinions in patent cases appealed from the Court of Federal Claims, the District of South Carolina, and the Patent Trial and Appeal Board, respectively. Finally, the Federal Circuit released a nonprecedential order dismissing an appeal for failure to prosecute and a Rule 36 judgment.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.

Here is an update on recent en banc activity at the Federal Circuit. In a pending en banc case, the appellant filed his opening en banc brief. In it, he argues on-the-job exposure to the recent novel coronavirus entitled federal correctional officers to additional pay pursuant to various federal statutes. Here are the details.

This morning the Federal Circuit released a nonprecedential opinion in a tax case appealed from the Court of Federal Claims. In the opinion, the Federal Circuit affirmed a dismissal for lack of subject matter jurisdiction and denial of a request for a default order. The Federal Circuit also released two errata and a nonprecedential order granting an unopposed motion to lift a stay and remand to the Court of Federal Claims. Here is the introduction to the opinion, text from the order, and links to the errata.

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

• an article commenting on the Federal Circuit’s recent decision that “only humans can be considered inventors under current U.S. patent laws”;
• an article about how the Federal Circuit “let a Turkish steel pipe producer off the hook in a years-long anti-dumping duties dispute”; and
• a third article about the Federal Circuit’s role in litigation surrounding property flooding in Houston during Hurricane Harvey.

This morning the Federal Circuit released two precedential opinions. The first comes in a patent case appealed from the Patent Trial and Appeal Board; the second comes in a veterans case appealed from the Court of Appeals for Veterans Claims. The Federal Circuit also released a nonprecedential opinion in a trade case appealed from the Court of International Trade. Finally, the Federal Circuit released three nonprecedential orders dismissing appeals. Here are the introductions to the opinions 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 court dismissed-in-part for lack of jurisdiction as to a cancelled claim and affirmed-in-part the Board’s determination that the remaining challenged claims are not patentable because they are obvious. The Federal Circuit also released three nonprecedential orders. One dismisses an appeal as frivolous; one summarily affirms; and one grants an unopposed motion to transfer an appeal from the Northern District of Texas to the Court of Appeals for the Fifth Circuit. Finally, the Federal Circuit released a Rule 36 judgment. Here is the introduction to the opinion, text from the orders, and a link to the Rule 36 Judgment.