Opinions

Opinions & Orders – April 26, 2022

Today the Federal Circuit issued a modified and reissued nonprecedential opinion in a tax case, a nonprecedential opinion in a patent case, and a nonprecedential order granting a join motion to voluntarily dismiss appeals. Here are the introductions to the opinion and order.

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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. This week the Court granted certiorari in a veterans case that raises questions regarding equitable tolling and retroactive disability benefits. The Court also requested the Solicitor General file a brief expressing the views of the United States in a patent case raising a question regarding standing to challenge the validity of patents. Additionally, three new petitions were filed with the Court: two in cases appealing decisions from the Merit Systems Protection Board and one in a patent case. Moreover, one amicus brief was submitted in a patent case; three briefs in opposition were filed in trade, employment, and veterans cases; one waiver of right to respond was filed in a patent case; three petitions were denied; and one petition was dismissed. Here are the details.

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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 the Supreme Court’s October 2021 term, the Court granted certiorari in a patent case, but notably it did so only to vacate the Federal Circuit’s judgment and remand the case for further consideration of an alleged Appointments Clause violation. Other than that, since our last post one reply in support of a petition has been filed in a veterans case and a waiver of right to respond has been filed in a patent case. Additionally, the Court denied two petitions in cases involving takings claims. Here are the details.

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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 the Supreme Court’s October 2021 term, the Court still has not granted any petitions in cases decided by the Federal Circuit. Since our last report, however, ten new petitions have been filed in patent, government contract, veterans, and pro se cases; briefs in opposition have been filed in three patent and veterans cases; replies in support of petitions have been filed in three patent cases; the Court requested a response to a petition in a patent case; and the Court denied petitions in three patent, trademark, and pro se cases. 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. The court received three new petitions raising questions related to tolling for post-trial motions, the Federal Circuit’s reversal of a judgment in an inter partes review proceeding based on a teaching away finding, and a denial of a petition for a writ of mandamus seeking to order transfer. The court also invited a response to a petition concerning deference to the Patent Trial and Appeal Board. Lastly, the court denied petitions in two cases relating to transfer and the standard for review for petitions for writs of mandamus and a third case relating to patent eligibility. 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. The court received a new petition raising issues related to patent eligibility. The court also received three new responses to petitions filed in two cases addressing (1) the Patent and Trademark Office’s ability to deny inter partes review based on pending litigation concerning related patents and (2) patent eligibility. Additionally, the court received an amicus brief in the case addressing the denial of inter partes review based on pending litigation. Lastly, the court denied two petitions for rehearing en banc in cases concerning claim construction and the replacement of a primary prior art reference after institution by the Patent Trial and Appeal Board. 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. 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.

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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. The court received three new petitions this week raising issues concerning the scope of appellate review, patent eligibility, and the extent of estoppel with respect to claim constructions. Additionally, the court invited responses in two cases addressing the court’s jurisdiction and the case addressing the extent of estoppel in claim constructions. Lastly, the court denied petitions in three cases raising questions related to patent eligibility, inventorship, and the evaluation of expert opinions. Here are the details.

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Opinions

Opinions & Orders – June 11, 2021

Today the Federal Circuit released a precedential opinion affirming a decision of ineligibility in a patent case appealed from the United States District Court for the Northern District of California. Judge Newman dissented. The court also released two nonprecedential opinions in cases appealed from the Merit Systems Protection Board and a Rule 36 judgment. Here are the introductions to the opinions and a link to the Rule 36 judgment.

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