FedCircuitBlog

This morning, the Federal Circuit released one precedential opinion, two nonprecedential opinions, and six nonprecedential orders. The precedential opinion, which attracted two amicus briefs, addresses an appeal from a final judgment of a district court holding certain patent claims invalid as obvious. Judge Cunningham filed an opinion dissenting in part. One of the nonprecedential opinions affirms four final written decisions of the Patent Trial and Appeal Board, determining all claims are unpatentable over asserted prior art. The other nonprecedential opinion affirms a decision of the Merit Systems Protections Board. Two of the nonprecedential orders transfer appeals to other United States appellate courts. Four of the nonprecedential orders are dismissals. Here are the introductions to the opinions, selected text from the transfer orders, and links to the dismissals.

This morning, the Federal Circuit released one precedential opinion, six nonprecedential opinions, three dismissals, and two Rule 36 summary affirmances. The precedential opinion addresses an appeal from a dismissal by the Court of International Trade for lack of subject matter jurisdiction. Three of the nonprecedential opinions dismiss appeals from the Court of Appeals for Veterans Claims—two for lack of jurisdiction and one for lack of a final judgment. Another two of the nonprecedential opinions affirm judgments of the Merit Systems Protection Board. The last nonprecedential opinion addresses an appeal and cross-appeal from a judgment of the International Trade Commission, which found that a collection of imported products infringed certain patents, but also found certain redesigns not to infringe. Here are the introductions to the opinions and links to the dismissals and summary affirmances.

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

• an article discussing how the Supreme Court “justices declined to review the Federal Circuit’s holding that the one-year window for filing inter partes review petitions does not apply to companies seeking to join a challenge brought by another company”; and
• an article presenting “post-argument thoughts” on the Federal Circuit’s recent “en banc oral argument to reconsider the obviousness test for design patents.”

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, there is no new activity to report since our last update. With respect to petitions, one new petition was filed with the Court in a pro se case, the Court requested a response to a petition in a patent case concerning obviousness, and two amicus briefs were filed in the same patent case concerning obviousness. In addition, the Court denied the petitions in three patent cases and one pro se case, and the Court dismissed the petitions in five pro se cases. 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, an opening merits brief was submitted in Harrow v. Department of Defense, a case concerning the Merit Systems Protection Board. With respect to petitions, three new petitions were filed with the Court in one patent case and two pro se cases, a reply brief was filed in a patent case, and the Court denied certiorari in a veterans 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, there is no new activity to report since our last update. With respect to petitions, four new petitions were filed related to the same pro se case. Additionally, three briefs in opposition were filed in two patent cases. 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, there is no new activity to report since our last update. With respect to petitions, two new petitions were filed with the Court, one in a veterans case and one in a pro se case. Additionally a waiver of right to respond was filed in a pro se case and an amicus brief was filed in a patent case raising a question related to the Federal Vacancies Reform Act. Finally, the Court denied petitions in a Tucker Act case and in a takings 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, yesterday the Supreme Court heard oral argument in a trademark case, Vidal v. Elster. With respect to petitions, two new petitions were filed with the Court in a trade case and a pro se case; an amicus brief was filed in a patent case addressing joinder in inter partes review proceedings. Finally, the Court denied petitions in a trade case and in two pro se cases. Here are the details.

This morning, the Federal Circuit released five nonprecedential opinions and four nonprecedential orders. Two opinions address appeals from inter partes reexaminations before the Patent Trial and Appeal Board. Each of those appeals had a corresponding related appeal, which was subsequently dismissed as moot in a corresponding nonprecedential opinion. Finally, the fifth nonprecedential opinion addresses an appeal regarding veterans’ disability benefits. The first nonprecedential order summarily affirms a judgment, another transfers an appeal to a district court, and the final two are dismissals. Late yesterday, the Federal Circuit also released one nonprecedential order dismissing appeals from the Patent Trial and Appeal Board. Here are the introductions to the opinions, text from the orders, and 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, a reply brief was filed in Rudisill v. McDonough, a veterans case. With respect to pending petitions, two new petitions were filed with the Court in a veterans case and in a pro se case, and a waiver of right to respond was filed in a patent case addressing both joinder in inter partes review proceedings and the Federal Vacancies Reform Act. Additionally, a brief in opposition was filed in a Tucker Act case and two reply briefs in support of petitions were filed in two different cases, one in a trade case presenting questions related to separation of powers and steel tariffs and one in a patent case addressing joint inventorship. Finally, the Court denied petitions in one patent case and two pro se cases. Here are the details.