FedCircuitBlog

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit.

• The Court received three new petitions for writ of certiorari.
• Three new response briefs were filed with the Court in the following cases: Merit Medical Systems, Inc. v. Khan, Maine Community Health Options v. United States, and Sandoz Inc. v. Immunex Corp.
• Two new response briefs were filed with the Court in American Axle & Manufacturing, Inc. v. Neapco Holdings LLC and Khan v. Merit Medical Systems Inc.
• The Court received one new waiver of right to respond from the Secretary of Veterans Affairs in Blanton v. Secretary of Veterans Affairs.

Here are the details.

This morning, the Federal Circuit issued six nonprecedential opinions: four in patent cases, one in a tax case affirming a dismissal for lack of subject matter jurisdiction, and one in a veterans case. Additionally, the court issued two Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.

This morning, the Federal Circuit issued nonprecedential opinions in two veterans cases, a trademark case appealed from the Trademark Trial and Appeal Board, a patent case reversing a dismissal and remanding the case to determine standing, and another a patent case affirming the denial of attorney fees. The court also issued a Rule 36 judgment. Here are the introductions to the opinions 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 Supreme Court rendered its decision in Google LLC v. Oracle America, Inc., the long-running software copyright case.
• Three amicus briefs were filed in Minerva Surgical, Inc. v. Hologic, Inc., a case that has been granted certiorari.
• The Court received three new petitions for writ of certiorari.
• One new brief in opposition was filed with the Court in response to the petition in American Axle & Manufacturing, Inc. v. Neapco Holdings LLC.
• One new reply brief was filed with the Court in Ericsson Inc. v. TCL Communication Technology Holdings Limited.
• One new amicus brief was filed with the Court in Common Ground Healthcare Cooperative v. United States by Anthem, Inc., Blue Cross of Idaho Health Service, Inc., Highmark Inc., L.A. Care Health Plan, and Molina Healthcare of California, Inc.
• Lastly, the Court denied the petitions in three cases.

Here are the details.

This morning, the Federal Circuit issued a precedential opinion in a patent case affirming a judgment of noninfringement. Additionally, the court issued two Rule 36 judgments. The introduction to the opinion and links to the Rule 36 judgments can be found here.

• Set Phase to Subject Matter Ineligible: More Accurate Haplotype Phase Method Still Abstract – A patent for determining haplotype phase could not survive review under Alice according to the PTAB and the Federal Circuit.
• Federal Circuit Says Hawaii Telecom’s FCC Suit Belongs In DC Circuit – In Sandwich Isles Communications v. United States, the Federal Circuit denied an appeal seeking nearly $200 million in lost subsidies after the FCC cut off funding.

Here’s the latest.

This morning, the Federal Circuit issued a precedential opinion in a Tucker Act case, a nonprecedential opinion in a patent case appealed from the Patent Trial and Appeal Board, and a nonprecedential order dismissing a petition for a writ of mandamus related to two district court cases involving contract disputes. Here are the introductions to the opinions and text from the order.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit.

• The Court received a response brief from Hologic in Minerva Surgical, Inc. v. Hologic, Inc., a case that has been granted certiorari.
• The Court received two new petitions for writ of certiorari in Sowinski v. California Air Resources Board and Merit Medical Systems, Inc. v. Khan.
• One new brief in opposition was filed with the Court in response to the petition in Khan v. Merit Medical Systems Inc.
• Five new amicus briefs were filed with Court.
• Lastly, the Court denied the petition in Simmons v. Secretary of Veterans Affairs.

Here are the details.

This morning, the Federal Circuit issued a precedential opinion in a trade case affirming a judgment of the U.S. Court of International Trade, which had affirmed a determination of the U.S. Department of Commerce to impose a duty on imports of certain steel concrete reinforcement bar from the Republic of Turkey. Here is the introduction to the opinion.

Guest Post by Devin S. Sikes

For the international trade bar, the U.S. Court of Appeals for the Federal Circuit (Federal Circuit) remains as important as ever because it so often has the final say on issues arising under U.S. international trade law. In 2020, the Federal Circuit issued thirty opinions in appeals from the U.S. Court of International Trade (CIT).[1] The Federal Circuit deemed nineteen of those thirty opinions worthy of “precedential” status.[2] To be sure, each of those nineteen precedential opinions addressed important antidumping, countervailing duty, and customs questions. Even the Federal Circuit’s non-precedential opinion in American Institute for International Steel v. United States concerned a significant issue: whether Section 232 of the Trade Expansion Act of 1962 (Section 232), which President Trump invoked more often than any of his predecessors, unconstitutionally delegates legislative authority to the President. Nevertheless, the Federal Circuit’s en banc decision in Sunpreme Inc. v. United States stands head-and-shoulders above the rest in terms of its importance and potential impact.