Petitions / Supreme Court Activity

Recent Supreme Court Activity

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, most notably the Solicitor General filed an amicus brief expressing the view of the United States that the Court should grant review in two patent cases. No new petitions were filed, but the government waived its right to respond to two petitions and a party filed a supplemental brief in response to the Solicitor General’s amicus brief recommending the Court grant review in a patent case raising a question about so-called skinny labelling. Here are the details.

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Opinions

Opinions and Orders – April 12, 2023

This morning, the Federal Circuit released five precedential opinions and one nonprecedential opinion. In the first two precedential opinions, the court affirmed judgments of the Central District of California and District of Delaware in patent cases. In the third precedential opinion, the Federal Circuit affirmed in part and reversed in part a judgment of the District of Delaware in another patent case. In the fourth precedential opinion, the Federal Circuit reversed, vacated, and remanded a judgment of the Northern District of Georgia in still another patent case. In the fifth precedential opinion, the Federal Circuit affirmed a judgment of the Court of International Trade. In the nonprecedential opinion, the Federal Circuit affirmed a judgment of the Patent Trial and Appeal Board. Here are the introductions to the opinions.

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Opinions

Opinions and Orders – April 11, 2023

This morning, the Federal Circuit released one precedential opinion, two nonprecedential opinions, two nonprecedential orders, and three Rule 36 judgments. In the precedential opinion, the court affirmed a judgment of the Patent Trial and Appeal Board. In the nonprecedential opinions, the court affirmed a judgment of the Merit Systems Protection Board and vacated in part and affirmed in part a judgment of the Court of Federal Claims. In the nonprecedential orders, the Federal Circuit denied a petition for a writ of mandamus to order transfer in a patent case and granted a motion to dismiss an appeal in another patent case. Here are the introductions to the opinions, text from the orders, and links to the Rule 36 judgments.

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Opinions

Opinions and Orders – April 10, 2023

This morning, the Federal Circuit released a nonprecedential opinion and three Rule 36 judgments. In the opinion, the court affirmed a judgment of the Court of Federal Claims dismissing a case for lack of subject matter jurisdiction. Here is the introduction to the opinion and links to the Rule 36 judgments.

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Opinions

Opinions and Orders – April 7, 2023

This morning, the Federal Circuit released five nonprecedential opinions, three nonprecedential orders, and a Rule 36 judgment. In the opinions, the court affirmed a judgment in a patent case appealed from the Northern District of California; affirmed a dismissal for lack of jurisdiction by the Court of Federal Claims; affirmed a judgment of the Merit Systems Protection Board; affirmed a judgment of the Court of Appeals for Veterans Claims; and affirmed another judgment of the Merit Systems Protection Board. Two of the nonprecedential orders dismiss appeals and one is an erratum. Here are the introductions to the opinions and links to the dismissals, Rule 36 judgment, and erratum.

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Opinions

Opinions and Orders – April 6, 2023

This morning, the Federal Circuit released two precedential opinions, two nonprecedential opinions, two nonprecedential orders, and three Rule 36 judgments. In the precedential opinions, the court respectively affirmed a judgment of the Court of Appeals for Veterans Claims and affirmed a judgment in a copyright case appealed from the Eastern District of Texas. Notably, Judge Newman dissented in the copyright case. In the nonprecedential opinions, the Federal Circuit respectively affirmed a dismissal for lack of jurisdiction by the Court of Federal Claims and affirmed a judgment of the Patent Trial and Appeal Board. In the nonprecedential orders, the Federal Circuit respectively transferred an appeal to the Court of Appeals for the District of Columbia Circuit and dismissed an appeal. Here are the introductions to the opinions, text from the orders, and links to the dismissal and Rule 36 judgments.

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Petitions / Supreme Court Activity

Recent Supreme Court Activity

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 pro se case; two parties and the government waived their right to respond in a patent case and two pro se cases; the Solicitor General filed an amicus brief expressing the views of the United States in a patent case; four amicus brief were filed in a veterans case; and the Court denied certiorari in a Merit Systems Protection Board case and two pro se cases. Here are the details.

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Opinions

Opinions and Orders – April 5, 2023

This morning, the Federal Circuit released one precedential opinion, three nonprecedential opinions, and a Rule 36 judgment. In the precedential opinion, the court affirmed a judgment of the Eastern District of Texas in a patent case. In the nonprecedential opinions, the Federal Circuit dismissed a case appealed from the Court of Appeals for Veterans Claims, affirmed a judgment of the Court of Federal Claims, and affirmed a judgment of the Merits Systems Protection Board. Here are the introductions to the opinions and link to the Rule 36 judgment.

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Opinions

Opinions and Orders – April 3, 2023

Late Friday and this morning, the Federal Circuit issued two precedential opinions and a nonprecedential order. In the first opinion, the court affirmed a judgment of the Merit Systems Protection Board. In the second opinion, the Federal Circuit affirmed-in-part, vacated-in-part, and remanded a judgment in a patent case appealed from the Western District of Washington. Notably, Judge Clevenger dissented. The Federal Circuit also issued a nonprecedential order dismissing an appeal. Here are the introductions to the opinions and link to the dismissal.

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Court Week

Court Week – What You Need to Know

This week is Court Week at the Federal Circuit. In total, the court will convene twelve panels to consider 52 cases this week. Of these 52 cases, the court will hear oral arguments in 35. The Federal Circuit is providing access to live audio of these arguments via the Federal Circuit’s YouTube channel. Of the argued cases, five cases attracted amicus briefs. Here’s what you need to know about these five cases.

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