FedCircuitBlog

This morning, the Federal Circuit released one precedential opinion, six nonprecedential opinions, three dismissals, and two Rule 36 summary affirmances.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 Three of the nonprecedential opinions dismiss appeals from the Court of Appeals for Veterans Claims—two for lack of jurisdiction and one for lack of a final judgment. Another two of the nonprecedential opinions affirm judgments of the Merit Systems Protection Board. The last nonprecedential opinion addresses an appeal and cross-appeal from a judgment of the International Trade Commission, which found that a collection of imported products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.

This morning, the Federal Circuit released one nonprecedential opinion and three nonprecedential orders. The opinion addresses a pro se appeal from a judgment of the Merit Systems Protection Board. Two of the orders deny petitions, while one dismisses an appeal. Late Friday, the Federal Circuit also released one nonprecedential order dismissing another appeal. Here is the introduction to the opinion, selected text from the orders denying petitions, and links to the dismissals.

Here is an update on recent en banc activity at the Federal Circuit. Highlights include a new petition filed in a patent case raising questions regarding the domestic industry requirement at the International Trade Commission and a denial of another petition in another patent case raising questions related to infringement. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include the only pending en banc case reaching oral argument, a new petition for rehearing regarding literal infringement, and a denial of a petition raising a question concerning the meaning of an alleged “coined term.” Here are the details. 

This morning, the Federal Circuit released two precedential opinions in a trade case and a patent case, a nonprecedential order denying a petition for a writ of mandamus seeking to order a district court to vacate an order to produce certain documents, and three nonprecedential orders dismissing appeals. Here are the introductions to the opinions and the order denying the petition and links to the dismissals.

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

• an article discussing Judge Newman’s response to her suspension from serving on the bench, specifically that “she’s prepared to fight the decision for as long as it takes”;
• an article about the “oral arguments in . . . an appeal following the massive $2.175 billion damages verdict handed by a Western Texas jury in March 2021 to VLSI for Intel’s infringement of two computer processor patents”; and
• a blog post commenting on an opinion providing “useful guidance for [patent] prosecutors on motivation to combine and means-plus-function claims.”

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

• an article discussing “what the patent eligibility restoration act means for artificial intelligence inventions”;
• an article highlighting the upcoming oral argument in “a highly anticipated appeal that is expected to center on how courts come up with damages” in a case involving a “whopping $2.175 billion verdict”;
• an article discussing a “debate over aging Judges’ lifetime tenure,” a debate that has come into focus in light of “the recent sanction and suspension of Pauline Newman, the nation’s oldest active federal judge”; and
• an article summarizing how “Greece’s air force urged the Federal Circuit to revive its $23 million breach of contract lawsuit against the U.S. government over an arms deal for military surveillance equipment.”

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 bill that “would stop pharma companies from using lawsuits to block the sale of a competing generic drug”;
• another article about a party “ask[ing] the US Supreme Court to clarify its rule for when an idea is considered abstract and thus not eligible to be patented”; and
• a blog post about “U.S. Patent and Trademark Office (USPTO) Director Kathi Vidal . . . correcting the Patent Trial and Appeal Board (PTAB) on its approach to the ‘compelling merits’ analysis.”

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

• an article about Intel “doubl[ing] down on its Federal Circuit bid to ax a $2.18 billion jury verdict against it”;
• a blog post about a Patent Trial and Appeal Board judge withdrawing from an inter partes review proceeding; and
• another article about the U.S. Patent and Trademark Office making trademark applications related to green technology and climate change eligible for reduced fees.

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

• an article about the Federal Circuit allowing Chief U.S. Judge Colm Connolly of the District of Delaware to “inquire into compliance with his standing orders into ownership transparency” in patent cases;
• another article about the Federal Circuit denying a motion to enjoin a litigant “from commercially marketing generic versions of [a] sleep disorder drug”; and
• a third article about a Federal Circuit decision regarding whether under a pretrial discovery order in a patent case is appealable under the collateral order doctrine.