This morning, the Federal Circuit issued one precedential opinion in a patent case and one nonprecedential opinion in a patent case. Additionally, the court issued one Rule 36 judgment. Here are the introductions to the opinions and a link to the Rule 36 judgment.
Opinions & Orders – November 16, 2020
The Federal Circuit did not publish any opinions or orders this morning.
Opinions & Orders – November 13, 2020
This morning, the Federal Circuit issued a precedential opinion in a patent case explaining the difference between waiver and forfeiture. Here is the introduction to the opinion.
Opinions & Orders – November 12, 2020
The Federal Circuit did not publish any new opinions or orders this morning.
Opinions & Orders – November 11, 2020
The Federal Circuit did not publish any opinions or orders this morning.
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 – November 10, 2020
This morning, the Federal Circuit issued two precedential opinions in patent cases. The court also issued three nonprecedential opinions: one in a case involving an appeal from the Merit Systems Protection Board, one in a trade case, and one in a veterans case. Finally, the court issued four Rule 36 judgments. Here are the introductions to the opinions and a list of the Rule 36 judgments.
Opinions & Orders – November 9, 2020
This morning, the Federal Circuit issued a precedential opinion in a patent case and a precedential opinion in a case appealed from the Merit Systems Protection Board. The court also issued a precedential order issuing a writ of mandamus that directs the Western District of Texas to transfer a patent infringement suit to the Northern District of California. Additionally, the Federal Circuit issued two Rule 36 judgments. Here are the introductions to the opinions, text from the order, and links to the Rule 36 judgments.
Argument Recap – Euzebio v. Wilkie
Last week, the Federal Circuit heard oral argument in four cases that attracted amicus briefs. In one of those cases, Euzebio v. Wilkie, the court heard arguments concerning the following veterans law issues: (1) whether “[t]he Veterans Court’s ‘direct relationship’ requirement is an erroneous legal standard for determining what facts are before the Board;” (2) whether “the Veterans Court erred in holding that it lacks the legal authority to look at relevant facts known to the agency for purposes of reviewing the Board’s decision;” and (3) whether “the Veterans Court misinterpreted the scope of VA’s duty to assist when it affirmed VA’s failure to develop the record with relevant facts concededly known to the agency.” This is our argument recap.
Opinions & Orders – November 6, 2020
This morning, the Federal Circuit issued three nonprecedential opinions in a case appealed from the Merit Systems Protection Board, a trade case, and a veterans case. The court also issued a nonprecedential erratum and two Rule 36 judgments. Here are the introductions to the opinions, the text of the erratum, and links to the Rule 36 judgments.