FedCircuitBlog

This morning, the Federal Circuit released one precedential opinion, four nonprecedential opinions, three nonprecedential orders, and one errata. The precedential opinion comes in an appeal of a judgment in a patent infringement case. Three of the four nonprecedential opinions come in pro se appeals of decisions of the Court of Federal Claims; the fourth comes in a pro se appeal of a decision of the Merit Systems Protection Board. One of the three nonprecedential orders is a denial of permission to appeal; another is a denial of petitions for writs of mandamus directed toward the Patent and Trademark Office; the third is a dismissal. Here are the introductions to the opinions and first two orders and links to the dismissal and errata.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. In the only pending case–a patent case addressing inducement of infringement and so-called skinny-labeling–the petitioner filed its reply brief. As for pending petitions, since our last update two new petitions were filed in an Indian Tucker Act case and a pro se case; a brief in opposition was filed in a patent case; and an amicus brief was filed in a case addressing Rule 36 summary affirmances. Here are the details.

This morning, the Federal Circuit released one precedential opinion, three nonprecedential opinions, three nonprecedential orders, and three Rule 36 judgments. The precedential opinion comes in an appeal of a decision of the Court of Federal Claims in a government contract case. All three nonprecedential opinions come in pro se appeals of decisions of the Court of Federal Claims. Two of the orders grant motions to transfer appeals; the other order dismisses an appeal. Here are the introductions to the opinions and links to the orders and judgments.

This morning, the Federal Circuit released two precedential opinions, two nonprecedential opinions, one nonprecedential order dismissing an appeal, and one Rule 36 judgment. Both precedential opinions come in appeals in patent infringement cases, while both nonprecedential opinions come in pro se appeals of decisions of the Court of Federal Claims and the Merit Systems Protection Board. Here are the introductions to the opinions and links to the dismissal and judgment.

Late yesterday, the Federal Circuit released a nonprecedential order dismissing an appeal. This morning, the court released two nonprecedential opinions, another nonprecedential order dismissing an appeal, and three Rule 36 judgments. One of the nonprecedential opinions comes in an appeal of a decision of the Patent Trial and Appeal Board, while the other comes in a pro se appeal of a decision of the Court of Appeals for Veterans Claims. Here are the introductions to the opinions and links to the Rule 36 judgments and dismissals.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today we highlight:

• a blog post arguing the Federal Circuit’s application of the judicial exceptions to patentability for software patents “has resembled less a coherent legal standard and more a series of freely-improvised opinions”;
• an article discussing a recent Federal Circuit decision holding that “composition of matter claims covering engineered cells containing DNA from two different organisms chemically spliced together are not patent-ineligible natural phenomena”;
• a blog post addressing how the repeal of 35 U.S.C. § 102(f) “left an open question that the patent bar has been debating for more than a decade: can incorrect inventorship still be raised as a defense in patent litigation?”; and
• a blog post exploring a recent Federal Circuit decision in which the court “couldn’t determine whether the plaintiff suffered a physical taking of its radio license” because the parties had not adequately briefed whether a federal statute created “a private property right.”

This morning, the Federal Circuit released three nonprecedential opinions and one nonprecedential order dismissing an appeal. One of the opinions comes in a pro se appeal from decisions of a district court; another comes in an appeal of a decision of the Armed Services Board of Contract Appeals; and the third opinion comes in a pro se appeal of a decision of the Merit Systems Protection Board. Here are the introductions to the opinions and a link to the dismissal.

Late Friday, the Federal Circuit released two nonprecedential orders dismissing appeals. This morning, the court released two nonprecedential opinions and another nonprecedential order dismissing an appeal. One of the opinions comes in an appeal of a decision of the International Trade Commission; the other comes in an appeal of a decision of the Court of Federal Claims. Here are the introductions to the opinions and links to the dismissals.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. In the only pending case, a patent case addressing inducement of infringement and so-called skinny-labeling, seven amicus briefs were filed supporting the respondent. As for pending petitions, since our last update, five new petitions were filed in a patent case, another patent case addressing sanctions, a veterans disability benefits case, a government contracts case, and a pro se case; three waivers of the right to respond to petitions were filed in a patent case and two pro se cases; a reply brief was filed in trademark case; two amicus briefs were filed in a patent case and Trade Act case; and the Supreme Court denied petitions in a patent case and two pro se cases. Here are the details.

Late yesterday, the Federal Circuit released two nonprecedential orders dismissing appeals. This morning, the court released one precedential opinion and four nonprecedential opinions. The precedential opinion comes in an appeal from a judgment of the Court of Appeals for Veterans Claims and includes a dissenting opinion by Judge Dyk. Two of the nonprecedential opinions come in appeals of decisions of the Patent Trial and Appeal Board; one comes in a patent case on appeal from a district court; and the final nonprecedential opinion comes in an appeal of a decision of the Court of Federal Claims. Here are the introductions to the opinions and links to yesterday’s dismissals.