Petitions / Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Last week, the Supreme Court granted a petition for certiorari in a case concerning the Merit Systems Protection Board. With respect to petitions, three new petitions were filed with the Court in two patent cases and one pro se case. Additionally, six waivers of right to respond, three briefs in opposition, and two reply briefs were filed with the Court. Finally, the Supreme Court denied certiorari in a patent case and two pro se cases. Here are the details.

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Petitions / Supreme Court Activity

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 heard arguments last week in Rudisill v. McDonough, a veterans case. With respect to petitions, two new petitions were filed with the Court in two patent cases raising questions related to the Federal Circuit’s practice of reversing agency decisions and patent eligibility. Two waivers of right to respond were filed, one in the patent case raising the question about reversing agency decisions and one in a pro se case. A brief in opposition was filed in a patent case addressing the ability to review determinations whether to institute inter partes review proceedings. An amicus brief was filed in a veterans case. And, finally, the Court denied a petition in a patent case. Here are the details.

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En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include the filing of an opening en banc brief in an en banc case reconsidering the longstanding test governing design patent obviousness and the denial of a petition raising questions related to obviousness.

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En Banc Activity

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include two new petitions raising questions concerning actual reduction to practice and obviousness. The court also denied another petition raising a question related to obviousness. Here are the details.

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Opinions

Opinions & Orders – June 6, 2023

This morning, the Federal Circuit released two precedential opinions, one nonprecedential opinion, and three nonprecedential orders. In the precedential opinions, the court respectively vacated and remanded a judgment in a government contract case and reversed and affirmed in part in a patent case. Notably, Judge Newman dissented in the government contract case. In the nonprecedential opinion, the court affirmed a judgment of the Court of Federal Claims in a pro se case. In the nonprecedential orders, the Federal Circuit dismissed appeals. Here are the introductions to the opinions and text from the orders.

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