FedCircuitBlog

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. With respect to petitions, one new petition was filed in a patent case raising questions related to eligibility and the Federal Circuit’s use of summary affirmances. The Court also received waivers of the right to respond in another patent case and a pro se case, as well as a brief in opposition in a trade case. Here are the details.

This morning the Federal Circuit released three nonprecedential opinions, three nonprecedential orders, and two Rule 36 summary affirmances. The nonprecedential opinions come in two cases on appeal from the Merit Systems Protection Board and in a pro se case on appeal from the Court of Federal Claims. All three nonprecedential orders dismiss appeals. Here are the introductions to the opinions and links to the summary affirmances and dismissals.

This morning the Federal Circuit released one precedential opinion, one nonprecedential opinion, and four nonprecedential orders. The precedential opinion comes in a government contract case on appeal from the Court of Federal Claims. The nonprecedential opinion comes in a case on appeal from the Merit Systems Protection Board. Of the nonprecedential orders, one grants a motion for a summary affirmance, one denies a petition for a writ of mandamus, and two dismiss appeals. Here are the introductions to the opinions and first two orders, as well as links to the dismissals.

This morning the Federal Circuit released two nonprecedential opinions and one nonprecedential order. Both nonprecedential opinions came in patent cases on appeal from the Patent Trial and Appeal Board. The lone nonprecedential order dismissed a case. Here are the introductions to the opinions and a link to the dismissal.

This week is Court Week at the Federal Circuit. The court will convene 15 panels to consider 71 cases. Of the 71 cases, the court will hear oral argument in 56 cases. The Federal Circuit provides access to live audio of these arguments via the Federal Circuit’s YouTube channel. This month, three cases scheduled for oral argument attracted amicus briefs. Here’s what you need to know about these three cases.

This morning the Federal Circuit released one nonprecedential opinion and five nonprecedential orders. The lone nonprecedential opinion came in a government contract case on appeal from the Court of Federal Claims. All five nonprecedential orders dismissed appeals. Here is the introduction to the opinion and links to the dismissals.

This morning the Federal Circuit released two nonprecedential opinions and five nonprecedential orders. Both of the nonprecedential opinions came in patent cases on appeal from the Patent Trial and Appeal Board. Notably, both relate to patents being asserted by United Services Automobile Association (USAA) in separate litigation. Of the nonprecedential orders, one addresses a notice of non-participation in an appeal in a patent case and the other four dismiss appeals. Here are the introductions to the opinions and the order addressing the notice of non-participation in an appeal, as well as links to the dismissals.

Late yesterday, the Federal Circuit released a nonprecedential order dismissing a case. This morning the Federal Circuit released one precedential opinion, four nonprecedential opinions, and seven nonprecedential orders. The lone precedential opinion comes in a patent case on appeal from the Northern District of West Virginia. Of the nonprecedential opinions, three come in patent cases, and one comes in a government contract case. Of the nonprecedential orders released today, three address notices of non-participation in appeals from the Patent Trial and Appeal Board, and among other things these orders ask the U.S. Patent and Trademark Office whether it will intervene in the appeals to defend the PTAB’s decisions. Two of the other nonprecedential orders grant summary affirmance, while two dismiss appeals. Here are the introductions to the opinions and the orders addressing the notices of non-participation in appeals, as well as links to the grants of summary affirmance and dismissals.

Here is an update on recent en banc activity at the Federal Circuit. An opening brief was filed in a pending en banc case concerning standing to allege a violation of a statute or regulation in connection with the procurement of a government contract. Three new amicus briefs have also been filed in the other pending en banc case regarding a district court’s responsibility to scrutinize a patentee’s reliance on supposedly comparable licenses. Additionally, a new petition was filed in a Hatch-Waxman case raising a question regarding listing of patents in the Orange Book. Finally, the court denied an en banc petition raising a question concerning the lifting of an administrative injunction. Here are the highlights.

Three cases being argued next month at the Federal Circuit attracted amicus briefs. One of these cases is Hawaiian Dredging Construction Co. v. United States, a government contract case appealed from the Court of Federal Claims. In it, the Federal Circuit will review a dismissal of a complaint seeking damages based on alleged government-caused delays in a contractor’s fulfillment of its contractual obligations. This is our argument preview.