FedCircuitBlog

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

• an article highlighting how a “former Federal Circuit Judge predicts shake-up on” the Federal Circuit;
• an article discussing “the pending ‘Vidal v. Elster‘ Supreme Court case and whether a provision of the Lanham Act violates the First Amendment by barring registration of a trademark that contains criticism of a government official or public figure”; and
• an article analyzing a petition to the Supreme Court arguing that “the Federal Circuit failed to use the Supreme Court’s two-step” test for patent eligibility in ChromaDex Inc. v. Elysium Health Inc.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. As for pending cases, in Rudisill v. McDonough, a veterans case, the government filed its merits brief. In addition, the Court set dates for oral arguments in both Rudisill v. McDonough and Vidal v. Elster, a trademark case. As for pending petitions, one new petition was filed in a pro se case. Additionally, the government waived its right to respond in one veterans case and five pro se cases. Here are the details.

Today, the Federal Circuit released three nonprecedential orders dismissing appeals. Two dismissals were agreed upon by the parties, while one dismissal resulted from an unopposed motion to voluntarily dismiss a cross appeal. Here are links to the dismissals.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, an amicus brief was filed in support of respondent in Vidal v. Elster. With respect to petitions, two new petitions in two pro se cases were filed with the Court. Additionally, the government waived its right to respond to petitions in an employment case and in a pro se case. Here are the details.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

• an article commenting on the impact of a Federal Circuit decision on “patent applicants and owners seeking to overcome obviousness challenges”;
• an article discussing a Federal Circuit decision in a list of upcoming Supreme Court cases; and
• an article about historic women on the federal bench, including Federal Circuit Judge Tiffany Cunningham.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, ten amicus briefs were filed in support of the petitioner in Rudisill v. McDonough. With respect to petitions, three new petitions were filed with the Court, one in a patent case, one in a veterans case, and one in a pro se case. Additionally, two amicus briefs were filed in a Tucker Act case and a waiver of right to respond was filed in a patent case. Here are the details.

Today, the Federal Circuit released one precedential opinion, three nonprecedential opinions, and three nonprecedential orders. The precedential opinion comes in an appeal from the Patent and Trademark Office and addresses whether a patent is unpatentable as anticipated by, or obvious in view of, asserted prior art.  One of the nonprecedential opinions involves a pro se litigant seeking review of a final decision of the Merit System Protection Board. The second nonprecedential opinion, also litigated pro se, addresses an alleged violation of the First Amendment. The final nonprecedential opinion involves an appeal from a Patent Trial and Appeal Board decision regarding the patentability of claims. The three nonprecedential orders deny petitions for writs of mandamus. Here are the introductions to the opinions and orders.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

• an article about how a recent Federal Circuit investigative panel report found that Judge Newman “has committed ‘serious misconduct’”;
• an article about how a “special committee of Federal Circuit judges voted to sanction 96-year-old Judge Pauline Newman of the appeals court, over her refusal to cooperate with an investigation into her mental fitness”; and
• an article discussing “the top copyright and trademark cases to keep an eye on in the second half of 2023.”

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, five amicus briefs were filed in Vidal v. Elster, a trademark case addressing the Free Speech Clause of the First Amendment. With respect to petition cases, a brief in opposition was filed in an employment case and the government waived its right to respond in a pro se case. Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, a brief for the petitioner was filed in Vidal v. Elster, a trademark case raising a question related to the First Amendment. With respect to petitions, two new petitions were filed, one in a trade case and one in a pro se case. Here are the details.