FedCircuitBlog

This morning the Federal Circuit released five nonprecedential orders dismissing appeals. Here are links to the dismissals.

This morning the Federal Circuit released a precedential opinion in a case appealed from the Court of Federal Claims. In the opinion, the Federal Circuit explains that it vacated the lower court’s decision granting judgment on the administrative record in favor of the government and remanded the case. Late yesterday and this morning, the Federal Circuit also released three nonprecedential orders dismissing appeals. Here is an introduction to the opinion and links to the dismissals.

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 six new cases, three of which involve petitions for writs of mandamus that were ultimately denied by the Federal Circuit. Additionally, we highlight an opinion in a government contract case and a patent case with a new briefing. Here are the details.

This morning the Federal Circuit released one precedential opinion and two nonprecedential opinions. The precedential opinion comes in a patent case appealed from the Eastern District of Texas. In it, the Federal Circuit affirmed the district court’s determination that a patent is unenforceable based on prosecution laches. Notably, Judge Stark filed a dissenting opinion. The two nonprecedential opinions come in separate patent cases appealed from the Patent Trial and Appeal, both involving the same parties. In each opinion, Judge Lourie filed additional views and Judge Stark filed a concurring opinion, both addressing the argument the Supreme Court overruled the Federal Circuit’s approach to obviousness with respect to design patents. Late yesterday and this morning, the Federal Circuit also released six nonprecedential orders dismissing appeals. Here are the introductions to the opinions and links to the dismissals.

This morning the Federal Circuit released a nonprecedential opinion in a patent case appealed from the Patent Trial and Appeal Board. The Federal Circuit also released five Rule 36 judgments. Here is the introduction to the opinion and links to the Rule 36 judgments.

This morning the Federal Circuit released a precedential order in a veterans case denying a combined petition for panel rehearing and rehearing en banc. Notably, Judge Dyk filed an opinion dissenting from the denial of the petition for rehearing en banc, and four other judges joined his opinion. The Federal Circuit also released three nonprecedential opinions, the first in a case appealed from the Court of Federal Claims; the second in a patent case addressing patent eligibility appealed from the District of Massachusetts; and the third in another patent case involving the same patent and appealed from the Northern District of California. Finally, the Federal Circuit released two Rule 36 judgments. Here is text from the order, the introductions to the opinions, and links to the Rule 36 judgments.

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 in a patent case; a party waived its right to respond in another patent case; the government waived its right to respond in a pro se case; and the Court denied nine petitions. Here are the details. 

This morning the Federal Circuit released a nonprecedential opinion in a government contract case appealed from the Court of Federal Claims. The Federal Circuit also released a nonprecedential order dismissing an appeal. Here is the introduction to the opinion and a link to the dismissal.

This morning the Federal Circuit released a precedential opinion in a government contract case appealed from the Court of Federal Claims. In it, the Federal Circuit affirmed a determination that the Court of Federal Claims lacked jurisdiction over the case. The Federal Circuit also released a nonprecedential order dismissing an appeal. Here is the introduction to the opinion and a link to the dismissal.

This week is Court Week at the Federal Circuit. In total, the court will convene twelve panels to consider 47 cases. Of these 47 cases, the court will hear oral arguments in 38. The Federal Circuit is providing access to live audio of these arguments via the Federal Circuit’s YouTube channel. Of the argued cases, two cases attracted amicus briefs. One concerns judicial review of factors (the so-called Fintiv factors) adopted by the Director of the Patent and Trademark Office to govern decisions whether to institute inter partes review of patents. The other addresses whether the President exceeded his statutory authority in an international trade case. Here’s what you need to know about these cases.