Opinions

Opinions & Orders – April 19, 2021

This morning, the Federal Circuit issued a precedential opinion in a veterans case. Here is the introduction to the opinion.

Read More

Opinions & Orders – April 16, 2021

This morning, the Federal Circuit issued a precedential opinion in a patent case concerning whether a reference needs a self-enabling disclosure to support obviousness and another precedential opinion in a government contracts case. The court also issued a Rule 36 judgment. Here are the introductions to the opinions and a link to the Rule 36 judgment.

Read More
Panel Activity

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 two recent oral arguments in a veteran’s case and a patent case, as well as three upcoming oral arguments in a patent case, veteran’s case, and a case concerning the jurisdiction of the Merit Systems Protection Board.

Read More
Opinions

Opinions & Orders – April 15, 2021

This morning, the Federal Circuit issued a nonprecedential opinion in a government contract case affirming a holding of the Civilian Board of Contract Appeals. Here is the introduction to the opinion.

Read More
Argument Recap / Panel Activity

Argument Recap – New Vision Gaming & Development, Inc. v. SG Gaming, Inc.

As we have been reporting, two panels of the Federal Circuit heard oral arguments last week in cases that attracted amicus briefs. In one of these cases, New Vision Gaming & Development, Inc. v. SG Gaming, Inc., the court is reviewing two decisions by the Patent Trial and Appeal Board in covered business method reviews and, in particular, arguments that structural bias within the U.S. Patent and Trademark Office in favor of challenges to patents amounts to a due process violation. Judges Moore, Taranto, and Newman heard the arguments. This is our argument recap.

Read More
Opinions

Opinions & Orders – April 14, 2021

The Federal Circuit did not release any opinions or orders this morning on its website.

Read More
En Banc Activity

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 use of a printed publication in an inter partes review. The court also denied a petition in a case raising questions related to inter partes review and the effective date of the Federal Circuit’s remedy in Arthrex, Inc. v. Smith & Nephew, Inc. Here are the details.

Read More
Opinions

Opinions & Orders – April 13, 2021

This morning, the Federal Circuit issued six nonprecedential opinions: four in patent cases, one in a tax case affirming a dismissal for lack of subject matter jurisdiction, and one in a veterans case. Additionally, the court issued two Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.

Read More
Opinions

Opinions & Orders – April 12, 2021

This morning, the Federal Circuit issued nonprecedential opinions in two veterans cases, a trademark case appealed from the Trademark Trial and Appeal Board, a patent case reversing a dismissal and remanding the case to determine standing, and another a patent case affirming the denial of attorney fees. The court also issued a Rule 36 judgment. Here are the introductions to the opinions and a link to the Rule 36 judgment.

Read More
Argument Recap

Argument Recap – Lynch v. McDonough

Last week panels of the Federal Circuit heard oral arguments in two cases that attracted amicus briefs. In one, Lynch v. McDonough, Lynch asks the court to overrule Ortiz v. Principi, a case setting forth the burden of proof by which veterans must prove their claims. Chief Judge Prost and Circuit Judges Dyk and Clevenger heard the oral argument. This is our argument recap.

Read More