This morning the Federal Circuit released a nonprecedential opinion in a patent case appealed from the Patent Trial and Appeal Board. Notably, Judge Schall filed a dissenting opinion. Here are the introductions to the opinions.
Recent Supreme Court Activity
Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, the Supreme Court issued its opinion in Arellano v. McDonough, a veterans case. With respect to petitions, one new petition was filed with the Court in a trademark case. Here are the details.
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 cases in the “Other Cases” section of our blog. Today, with respect to these cases we highlight six new cases, three of which involve petitions for writs of mandamus that were ultimately denied by the Federal Circuit. Additionally, we highlight an opinion in a government contract case and a patent case with a new briefing. Here are the details.
Court Week – What You Need to Know
This week is Court Week at the Federal Circuit. In total, the court will convene twelve panels to consider 47 cases. Of these 47 cases, the court will hear oral arguments in 38. The Federal Circuit is providing access to live audio of these arguments via the Federal Circuit’s YouTube channel. Of the argued cases, two cases attracted amicus briefs. One concerns judicial review of factors (the so-called Fintiv factors) adopted by the Director of the Patent and Trademark Office to govern decisions whether to institute inter partes review of patents. The other addresses whether the President exceeded his statutory authority in an international trade case. Here’s what you need to know about these cases.
Recent Supreme Court Activity
Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, fourteen amicus brief were filed in Amgen Inc. v. Sanofi, Aventisub LLC, a patent case concerning the enablement patentability requirement. With respect to petitions, three new petitions were filed with the Court, one in a veterans case, one in a patent case, and one in a pro se case. Here are the details.
Argument Preview – Apple Inc. v. Vidal
A second case being argued in January at the Federal Circuit that attracted amicus briefs is Apple Inc. v. Vidal. This case concerns an allegation that a district court erred in finding that 35 U.S.C. § 314(d) precludes judicial review of factors (the so-called Fintiv factors) adopted by the Director of the Patent and Trademark Office to govern decisions whether to institute inter partes review of patents. This is our argument preview.
Opinions & Orders – December 21, 2022
This morning the Federal Circuit released a precedential opinion in a veterans case appealed from the Court of Appeals for Veterans Claims. In it, the Federal Circuit affirmed the denial of a veteran’s challenge to the reduction of his disability rating. Notably, Chief Judge Moore dissented. The Federal Circuit also released a nonprecedential opinion in a patent case appealed from the District of Delaware. Finally, the Federal Circuit released three nonprecedential orders. The first transfers an appeal to the Court of Appeals for the Fifth Circuit; the second transfers an appeal to the Court of Appeals for the Third Circuit; and the third dismisses an appeal. Here are the introductions to the opinions, text from the orders, and a link to the dismissal.
Opinions & Orders – November 28, 2022
This morning the Federal Circuit released four nonprecedential orders. Each order dismisses an appeal. Here is text from the orders.
Opinions & Orders – November 7, 2022
This morning the Federal Circuit released a nonprecedential opinion in a patent case appealed from the Eastern District of Virginia. Late Friday and this morning, the Federal Circuit also released two nonprecedential orders dismissing appeals and four Rule 36 judgments. Here is the introduction to the opinion and links to the dismissals and Rule 36 judgments.
Opinions & Orders – October 25, 2022
This morning the Federal Circuit released two nonprecedential opinions. One comes in a patent case appealed from the Patent Trial and Appeal Board; the second comes in a veterans case appealed from the Court of Appeals for Veterans Claims. The Federal Circuit also released two nonprecedential orders. One dismisses an appeal and one grants-in-part a motion for summary disposition of a petition. Here are the introductions to the opinions, text from the order, and a link to the dismissal.