This morning, the Federal Circuit issued one nonprecedential order declining to permit interlocutory review of an order by the Court of Federal Claims denying a motion to dismiss. Here is the text from the Federal Circuit’s order.
Recent News on the Federal Circuit
- Why Patents Can Matter In Trade Secret Cases – A recent petition for certiorari to the Supreme Court in Acer America Corp. v. Intellisoft, Ltd., highlights the critical interrelationship between trade secret law and patent law.
- Fed. Circ. Won’t Revive Presidio’s Capacitor Patent Claims – The Federal Circuit issued a nonprecedential opinion in a patent case involving a capacitor, described by the Federal Circuit as “a device that stores energy in an electric field when connected to an electrical circuit.”
- Supreme Court to consider all sides’ cert petitions in Arthrex patent-law case – Next week, the U.S. Supreme Court meets for its first conference since the summer recess. The agenda includes the controversial decision in Arthrex, Inc. v. Smith & Nephew.
Here’s the latest.
Opinions & Orders – September 24, 2020
This morning the Federal Circuit issued one precedential opinion in a patent case, one precedential opinion in an employment case, and one nonprecedential opinion in a patent case. Here are the introductions to the opinions.
Recent Supreme Court Activity
This post summarizes recent activity at the Supreme Court in cases decided by the Federal Circuit.
- The Supreme Court received three new petitions this week in (1) Cochlear Corporation v. Alfred E. Mann Foundation for Scientific Research, (2) Arctic Cat Inc. v. Bombardier Recreational Products Inc., and (3) Acer America Corporation v. Intellisoft, Ltd.
- Two briefs in response to petitions were filed with the Court, the first by Rovi in Comcast Cable Communications, LLC v. Rovi Guides, Inc., and the second by Facebook in B.E. Technology, L.L.C. v. Facebook, Inc.
- One reply brief was filed with the Court by Phazzer in Phazzer Electronics, Inc. v. Taser International, Inc.
- Lastly, two waivers of right to respond were filed with the Court in Drevaleva v. United States and Bozeman Financial LLC v. Federal Reserve Bank of Atlanta.
Here are the details.
Opinions & Orders – September 14, 2020
This morning, the Federal Circuit issued a pair of Rule 36 judgments. Here is a list with links to the orders.
Update on Important Panel Activity
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 patent cases in the “Other Cases” section of our blog. Today, with respect to these cases we highlight two dispositions, three new cases that attracted amicus briefs, two recent oral arguments, and one upcoming oral argument.
Opinions & Orders – September 11, 2020
This morning, the Federal Circuit issued a precedential opinion in a veterans case and a nonprecedential opinion in a patent case. The court also issued three Rule 36 judgments. Here are the introductions to the opinions and a list of the Rule 36 judgments.
Recent Supreme Court Activity
This post summarizes recent activity at the Supreme Court in cases decided by the Federal Circuit.
- The Supreme Court received three new petitions this week in (1) Vilox Technologies, LLC v. Iancu, (2) Comcast Cable Communications, LLC v. Rovi Guides, Inc., and (3) Drevaleva v. United States.
- One new brief in opposition was filed with the Court by Taser in Phazzer Electronics, Inc. v. Taser International, Inc.
- One new reply brief was filed with the Court by Sanofi-Aventis in Sanofi-Aventis Deutschland GMBH v. Mylan Pharmaceuticals Inc.
- Lastly, one waiver of right to respond to the petition in Customedia Technologies, LLC v. Dish Network Corp. was filed with the Court by Dish Network.
Here are the details.
Opinions & Orders – September 8, 2020
This morning the Federal Circuit issued five nonprecedential opinions: two in patent cases, one in a vaccine case, one in a veterans case, and one in a case appealed from the Merit Systems Protection Board. Additionally, the Federal Circuit issued three Rule 36 judgments. Here are the introductions to the opinions and a list of the Rule 36 judgments.
Recent News on the Federal Circuit
- CBM Review: A Postmortem – The covered business method review, expiring on September 15th, has seen a rise and fall in popularity that can be attributed to the Federal Circuit.
- Oracle Loses JEDI Appeal – In Oracle America, Inc. v. United States, the Federal Circuit affirmed the decision to allow the Department of Defense to issue a $10 billion, 10-year cloud-computing contract to Microsoft.
- Federal Circuit Has Jurisdiction over Constitutional Questions in AIA Appeals – Affirming the decision of the lower court in Security People, Inc. v. Iancu, the Federal Circuit confirmed its ability to decide factual issues when necessary to resolve a constitutional challenge.
Here’s the latest.