FedCircuitBlog

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

• an article about a Federal Circuit panel concerning whether “patents, which relate to data compression and storage,” are too abstract; and
• another article about another “Federal Circuit panel . . . discuss[ing] when a party may look behind a legal challenger to discover the ‘real party in interest.’”

This morning the Federal Circuit released a precedential en banc opinion in an employment case appealed from the Court of Federal Claims. The en banc court held that the Office of Personnel Management to date has not adopted regulations that provide for differential pay based on COVID-19 in various workplace settings. Notably, Judge Reyna dissented in an opinion joined by Judge Newman. The Federal Circuit also released a nonprecedential opinion dismissing a veterans case appealed from the Court of Appeals for Veterans Claims. The Federal Circuit also issued a nonprecedential order transferring a case to the Ninth Circuit and another nonprecedential order dismissing two appeals. Finally, the Federal Circuit released two Rule 36 judgments. Here are the introductions to the opinions, text from the order, and links to the dismissal and Rule 36 judgments.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. As for granted cases, this week the Court decided Minerva Surgical, Inc. v. Hologic, Inc., in which the Court overturned the Federal Circuit’s approach to the assignor estoppel doctrine. Additionally, three cases were granted, vacated, and remanded based on the decision in United States v. Arthrex, Inc. regarding application of the Appointments Clause to administrative patent judges. As for petition cases:

Here are the details.

• a reply brief was submitted in support of a petition in a government contract case;
• the government filed a waiver of right to respond in a patent case;
• the Court dismissed one petition; and
• the Court denied five petitions, including four regarding application of the Appointments Clause to administrative patent judges.

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.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include new petitions filed in four cases raising questions relating to patent eligibility, the Appointments Clause, claim construction, and non-obviousness; one new response to a pending petition raising questions related to enablement, written description, and the 7th Amendment; and the denial of ten petitions raising issues including the Appointments Clause, claim construction, and implied licenses. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include new petitions filed in six cases raising questions related to the Appointments Clause, claim construction, and implied licenses, one request by the Federal Circuit for a response to a petition raising questions related to collateral estoppel and inter partes review, and the denial of three petitions raising questions related to transfer, waiver, and design patent infringement. Here are the details.