This morning the Federal Circuit released a nonprecedential opinion dismissing an appeal for lack of jurisdiction. Notably, Judge Reyna filed an opinion with additional views expressing “disbelief” concerning the statutory scheme surrounding appeals of arbitration decisions in federal employee grievances. The Federal Circuit also released a nonprecedential order dismissing a veterans case appealed from the Court of Appeals for Veterans Claims. Here is the introduction to the opinions and text from the order.
Recent News on the Federal Circuit
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, “[o]nce thought to be a toss-up, the Federal Circuit is now ruling for appellees nearly twice as often as appellants”;
- another article addressing how a recent Federal Circuit decision “shows [a] less rigid analysis” of corroboration of inventorship; and
- a third article highlighting several pending Supreme Court petitions in patent cases, including more than one that “raise important questions on Section 101 patent eligibility jurisprudence.”
Opinions & Orders – May 24, 2022
This morning the Federal Circuit released a precedential opinion in a trade case appealed from the Court of International Trade; a nonprecedential opinion in a patent case appealed from the Patent Trial and Appeal Board; and a nonprecedential order granting a joint motion to voluntarily dismiss an appeal. Here are the introductions to the opinions and text from the order.
Recent En Banc Activity
Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court denied two petitions for rehearing raising questions related to the presumption of nexus in a non-obviousness analysis. Here are the details.
Opinions & Orders – May 23, 2022
This morning the Federal Circuit released a nonprecedential opinion in a patent case appealed from the Patent Trial and Appeal Board. Notably, Judge Newman dissented. The Federal Circuit also released a nonprecedential order granting petitions to order the Eastern District of Texas to transfer three consolidated cases to the Northern District of California. Here is the introduction to the opinion and text from the order.
Recent News on the Federal Circuit
Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:
- an article discussing an amicus brief filed by a group of intellectual property professors in support of an en banc petition in a patent case raising questions about claim construction;
- another article addressing a recent Federal Circuit decision that “clarifies infringement analysis”; and
- a third article detailing how the U.S. Supreme Court denied a petition to review a Federal Circuit patent case.
Opinions & Orders – May 20, 2022
This morning the Federal Circuit released three precedential opinions. The first comes in a patent case appealed from the Southern District of New York; the second comes in another patent case appealed from the Eastern District of Texas; and the third comes in a vaccine case appealed from the Court of Federal Claims. Notably, in the third case, Judge Bryson dissented. The Federal Circuit also released a nonprecedential order in a veterans case appealed from the Court of Appeals for Veterans Claims. Here are the introductions to the opinions and text from the order.
Update on Important Panel Activity
Here is this month’s update on activity in cases pending before panels of the Federal Circuit where the cases involve at least one amicus brief. We keep track of these cases in the “Other Cases” section of our blog. Today, with respect to these cases, we highlight three cases with upcoming oral arguments: two patent cases and one takings case. Additionally, there is one patent case with new briefing.
Opinions & Orders – May 19, 2022
This morning the Federal Circuit released two precedential opinions. The first comes in a case appealed from the Merit Systems Protection Board; the second comes in a case appealed from the Patent Trial and Appeal Board. The Federal Circuit also released a nonprecedential opinion in another patent case appealed from the Patent Trial and Appeal Board. Notably, in this case Judge Newman dissented without opinion. Finally, the court released an erratum. Here are the introductions to the opinions and a link to the erratum.
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 means-plus-function limitations and transfers. The court also denied five petitions for rehearing raising issues including the standard for granting a motion to seal court records, choice of law, estoppel arising from inter partes review, and claim construction. Here are the details.