FedCircuitBlog

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Currently, with respect to the Supreme Court’s October 2021 term, the Court has not granted any petitions in cases decided by the Federal Circuit. As for pending petitions, since our last update one new petition was filed in a taking case asking questions concerning choice of law, the government submitted a waiver of right to respond in a Tucker Act case, and respondents filed response briefs in a patent case and a pro se case. Here are the details.

This morning the Federal Circuit released a precedential opinion in an international trade case, three nonprecedential opinions in patent cases, and two Rule 36 summary affirmances. Here are the introductions to the opinions and the links to the Rule 36 summary affirmances.

The Arthrex Fix Is No Fix At All – In an article posted on iam-media.com, Paul Morinville reports that “[t]he long-awaited SCOTUS Arthrex decision does not provide the solution to the problem at the heart of the case.”

Texas Court Bounces Triller/TikTok Patent Dispute to California – Chris Cooke wrote an article on completemusicupdate.com reporting about how a Texas district judge sent a patent case between Triller and TikTok to the courts in California, perhaps due to criticism by the Federal Circuit.

Are 5% of All U.S. Issued Patents Presumed to Be Unenforceable Under Laches Due to Their Priority Claims? – On IPWatchDog.com, Kate Gaudry reports on the “potential impacts” of the recent Federal Circuit case Hyatt v Hirshfeld concerning prosecution laches.

This morning the Federal Circuit issued a precedential opinion in a government contract case appealed from the Court of Federal Claims and four Rule 36 judgments. Here is the introduction to the opinion and the links to the Rule 36 judgments.

Recent Federal Circuit Developments in Patent Licensing – On PharmExec.com, Johnathan Harris, Heather Brady, and Drew Hiller have written an article concerning the Federal Circuit and “recent legal developments [that] can help companies avoid infringement.”

Federal Circuit: ‘Patentees Need Not Prove Their Case at the Pleading Stage’ – In her article on LawStreetMedia.com, Christina Tobacco wrote about an opinion recently issued by the Federal Circuit where the court “considered the stringency of pleading requirements in patent infringement cases.”

SCOTUS Decides Arthrex: Much Ado about Inter Partes Reviews – Aziz Burgy posted an article on BloombergLaw.com about the Supreme Court’s recent decision in Arthrex.

Court Ruling May Let Veterans Access Both Montgomery and Post-9/11 GI Bill Benefits – Patricia Kime reported on Military.com about the Federal Circuit’s decision in Rudisill v. McDonough and how it “could require the Department of Veterans Affairs to pay veterans an additional year of education benefits under both the Montgomery GI Bill and the Post-9/11 GI Bill.”

This morning the Federal Circuit issued a precedential opinion vacating a decision of the Court of Appeals for Veterans Claims for lack of jurisdiction, a precedential opinion in a trade case, and a nonprecedential opinion affirming a decision of the Merit Systems Protection 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. Currently, with respect to the Supreme Court’s October 2021 term, the Court has not granted any petitions in cases decided by the Federal Circuit. As for pending petitions, since our last update four new pro se petitions were filed and the government submitted a waiver of right to respond in another pro se case. Here are the details.

This morning the Federal Circuit issued two precedential opinions, both affirming lower court decisions finding a lack of jurisdiction, one by the Court of Federal Claims and one by the Court of International Trade. Additionally, the Federal Circuit issued five nonprecedential opinions, one in a case appealed from the Merit Systems Protection Board, three in patent cases appealed from district courts, and one in a veteran case appealed from the Court of Appeals for Veterans Claims. Here are the introductions to the opinions.

This morning the Federal Circuit issued two precedential opinions, one addressing pleading requirements in a patent infringement case and the other reversing a judgment of the United States Court of International Trade over a dissent by Judge Reyna. Additionally, the court issued four nonprecedential opinions in two patent cases and two cases dismissed by the Court of Federal Claims for lack of jurisdiction. The court also issued a nonprecedential order denying a petition for a writ of mandamus to order the Western District of Texas to transfer a patent case. Here are the introductions to the opinions and the order.

On Tiffany Cunningham’s Appointment to the CAFC: An Impeccable Candidate and a Rallying Call for More Diversity in IP – In a post on IPWatchDog, Emer Simic writes about Tiffany Cunningham, whose “confirmation [is] now imminent” and has “reached [a] historic milestone.”

Federal Circuit Resumes In-Person Argument With $1.2 Billion Cancer Drug Case – Scott Graham commented on the oral argument in Juno Therapeutics Inc v. Kite Pharma Inc., in which Chief Judge Moore “pressed [attorneys] repeatedly on whether . . .  [a] patent on a groundbreaking approach to cancer treatment . . . [is] sufficiently described.”

FBI Agent Who Fought VA for GI Bill College Benefits Wins Appeal; Case Could Help Vets Nationwide – In the Chicago Sun Times, Stephanie Zimmermann discusses Rudisill v. McDonough, where Jim Rudisill’s “successful legal battle could result in additional benefits for other long-serving veterans.”

Pentagon Cancels JEDI Cloud Contract After Years of Contentious Litigation – Jared Serbu, deputy editor of FederalNewsNetwork.com, reports that the “bitterly contentious saga over what was once envisioned [as] the largest information technology procurements . . . finally came to an end . . . as Defense officials said they would no longer pursue the [Joint Enterprise Defense infrastructure] JEDI Cloud contract.”