FedCircuitBlog

This morning the Federal Circuit issued four precedential opinions: two in patent cases appealed from the U.S. District Court for the District of Delaware; one in a patent case appealed from the Patent Trial and Appeal Board; and one in an international trade case appealed from the U.S. Court of International Trade. The court also released a nonprecedential order requiring the U.S. District Court for the Western District of Texas to transfer a patent case and an erratum. Here are the introductions to the opinions and order, and a link to the erratum.

This morning the Federal Circuit issued a precedential opinion in a case appealed in the Court of Federal Claims, addressing arguments that the destruction of firearms under new federal statutes constituted a government taking. The Federal Circuit also issued a nonprecedential opinion addressing the same issue. Notably, Judge Wallach concurred only in the result in both cases. Finally, the court issued a nonprecedential order in a patent case granting a petition for a writ of mandamus to order the Western District of Texas to vacate an order transferring the case from its Austin Division to its Waco Division. Here are the introductions to the opinions and order.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to the Supreme Court’s October 2021 term, the Court still has not granted any petitions in cases decided by the Federal Circuit. Since our last update, however, five new petitions have been filed with the Court: one in a veterans case, three in patent cases, and one filed by a pro se petitioner. As for previously filed petitions, one supplemental brief and two waivers of right to respond were filed. Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Since our last update two new petitions were filed, one raising a question related to patent law’s definiteness requirement and one in a pro se case. Two amicus briefs were filed in a case raising questions concerning the clear and unmistakeable error standard with regarding to a claim for veterans’ benefits. Two waivers of the right to respond to petitions were filed in government contracts and pro se cases. A reply was filed in support of a petition in a veterans case. And, finally, a supplemental brief was filed in a government contracts case. Here are the details.

This morning the Federal Circuit issued a nonprecedential opinion in a case appealed from the United States Court of Federal Claims. The opinion reviews a denial of a motion for attorney fees. Here is the introduction to the opinion.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to the Supreme Court’s October 2021 term, the Court still has not granted any petitions in cases decided by the Federal Circuit. As for pending petitions, since our last update two new petitions were filed: one in a patent case presenting questions regarding the Appointments Clause and one in a pro se patent case presenting a question concerning patent eligibility. In addition, two amicus briefs were filed in the same case in support of the petitioner, who raised questions concerning inter partes review. Moreover, two briefs in opposition were filed in patent cases raising questions related to the Appointments Clause. Finally, the government filed a supplemental brief in a government contracts case. Here are the details.

This morning the Federal Circuit issued nonprecedential opinions in two pro se cases appealed from the United States Court of Federal Claims and the United States Court of Appeals for Veterans Claims. The court also issued three Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.

This morning the Federal Circuit issued two nonprecedential opinions in a case addressing the jurisdiction of the United States Court of Federal Claims and in a patent case appealed from the District Court for the District of Delaware addressing claim construction. Here are the introductions to the opinions.

This morning the Federal Circuit issued a precedential opinion in a case addressing the jurisdiction of the United States Court of International Trade. The court also issued a nonprecedential opinion in a case appealed from the Patent Trial and Appeal Board addressing subject matter eligibility. Finally, the court also issued four Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.

This morning the Federal Circuit issued three precedential opinions in cases addressing trademark cancellation, damages for patent infringement, and alleged inequitable conduct during patent prosecution. The court also issued two nonprecedential opinions in cases addressing government employment and the jurisdiction of the Court of Federal Claims. Finally, the court also issued two Rule 36 judgments. Here are the introductions to the opinions and a list of the Rule 36 judgments.