This morning, the Federal Circuit released one nonprecedential opinion, one nonprecedential order, and one Rule 36 summary affirmance. The opinion addresses a pro se appeal from a decision of the Court of Federal Claims. The order grants a motion to voluntarily dismiss an appeal. Here is the introduction to the opinion and links to the dismissal and summary affirmance.
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 the Supreme Court’s October 2021 term, which began this week, the Court still has not granted any petitions in cases decided by the Federal Circuit. Since our last update, however, two new petitions have been filed with the Court: one in a veterans case and one filed by a pro se petitioner. As for previously filed petitions, one brief in opposition and two waivers of right to respond were filed. Finally, the Court denied 22 petitions following its first conference of the new term. Here are the details.
Recent En Banc Activity
Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court invited a response to a petition concerning patent eligibility. Additionally, the court denied a petition concerning means-plus-function claim limitations. Lastly, the court granted a motion to withdraw a petition concerning the extent of estoppel in claim construction. Here are the details.
Recent En Banc Activity
Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received a new petition raising a question related to indefiniteness. Additionally, the court received a response to a petition concerning the treatment of expert opinions. Lastly, the court denied three petitions raising questions related to the termination of inter partes review proceedings, jurisdiction, and enablement. Here are the details.
Recent Supreme Court Activity
Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. As for granted cases, we are still waiting for the Supreme Court to issue opinions in the two pending patent cases. As for petition cases, three new petitions were filed in patent, tax, and pro se cases; one petitioner filed a reply brief in a patent case; one respondent submitted its waiver of right to respond in a pro se case; and the Court dismissed one patent case and denied the petitions in two additional patent cases.
Here are the details.
Recent Supreme Court Activity
Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. As for granted cases, we are still waiting for the Court to issue opinions in the two pending patent cases. As for petitions, one new petition was filed in a patent case raising an Appointments Clause challenge; one respondent filed a brief in opposition to a petition raising questions related to an inmate’s right to assert patent infringement; the government submitted a waiver of its right to respond to a petition in a pro se case; and the Court requested a response to a petition raising questions related to preclusion. Additionally, four petitioners filed reply briefs in cases presenting questions related to the Federal Circuit’s jurisdiction, the Appointments Clause, and retroactivity in agency adjudication.
Here are the details.
Opinions & Orders – May 28, 2021
This morning the Federal Circuit issued two precedential opinions in patent cases: one reversing a decision by the Patent Trial and Appeal Board and one affirming a decision by the International Trade Commission. The court also issued a nonprecedential opinion affirming in part and reversing and remanding in part a decision by the Central District of California. 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.
- The Supreme Court rendered its decision in Google LLC v. Oracle America, Inc., the long-running software copyright case.
- Three amicus briefs were filed in Minerva Surgical, Inc. v. Hologic, Inc., a case that has been granted certiorari.
- The Court received three new petitions for writ of certiorari.
- One new brief in opposition was filed with the Court in response to the petition in American Axle & Manufacturing, Inc. v. Neapco Holdings LLC.
- One new reply brief was filed with the Court in Ericsson Inc. v. TCL Communication Technology Holdings Limited.
- One new amicus brief was filed with the Court in Common Ground Healthcare Cooperative v. United States by Anthem, Inc., Blue Cross of Idaho Health Service, Inc., Highmark Inc., L.A. Care Health Plan, and Molina Healthcare of California, Inc.
- Lastly, the Court denied the petitions in three cases.
Here are the details.
Recent En Banc Activity
Here is an update on recent en banc activity at the Federal Circuit. As for granted petitions, a new brief was filed in one of the two pending veterans cases. As for pending petitions, highlights include two new petitions, one in a patent case raising questions related to claim construction and one in a pro se case; and the denial of four petitions in patent cases raising questions related to obviousness, prosecution history estoppel, vitiation, reasonable royalties, and sanctions. Here are the details.
Opinions & Orders – August 20, 2020
This morning the Federal Circuit issued a precedential opinion in a patent case, a nonprecedential opinion in a patent case, and a nonprecedential opinion in a veterans case. Here are the introductions to the opinions.
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