This morning, the Federal Circuit issued nonprecedential opinions in two veterans cases, a trademark case appealed from the Trademark Trial and Appeal Board, a patent case reversing a dismissal and remanding the case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.
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.
Opinions & Orders – April 9, 2021
This morning, the Federal Circuit released a nonprecedential order in a patent case denying a petition for a writ of mandamus seeking to order the Western District of Texas both to rule on a pending motion to transfer and to stay all other proceedings until that motion is resolved. The Federal Circuit also released five Rule 36 judgments. Here is text from the order and links to the Rule 36 judgments.
Opinions & Orders – April 8, 2021
This morning, the Federal Circuit issued four nonprecedential opinions: two in veterans cases both dismissed for lack of jurisdiction, one in a patent case, and one in a case appealed from the Merit Systems Protection Board. The court also issued four Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.
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 response to a petition raising questions related to claim construction and the doctrine of equivalents, and the court denied two petitions raising questions related to claim construction, eligible subject matter, and deference to the Patent Trial and Appeal Board. Here are the details.
Opinions & Orders – April 7, 2021
This morning, the Federal Circuit released a precedential opinion dismissing an appeal from the Patent Trial and Appeal Board for a lack of standing. The court also released a nonprecedential opinion in a case appealed from the Merit Systems Protection Board as well as a Rule 36 judgment. Here are the introductions to the opinions and a link to the Rule 36 judgment.
Online Symposium Wrap-Up: Year in Review-The Federal Circuit in 2020
Last week we hosted an online symposium, “Year in Review–The Federal Circuit in 2020,” reviewing important opinions of the Federal Circuit from 2020. Seven authors published six blog posts addressing various cases within the Federal Circuit’s exclusive jurisdiction: trade, patent, Tucker Act, federal employment, and veterans law cases. Here, we wrap up our online symposium by linking to and highlighting the focus of each contribution.
Opinions & Orders – April 6, 2021
This morning, the Federal Circuit issued a precedential opinion in a patent case affirming a judgment of noninfringement. Additionally, the court issued two Rule 36 judgments. The introduction to the opinion and links to the Rule 36 judgments can be found here.
Opinions & Orders – April 5, 2021
The Federal Circuit did not post any opinions or orders on its website this morning.
Breaking News – Supreme Court Overturns Federal Circuit Finding of Fair Use in Google v. Oracle
This morning the Supreme Court reversed the Federal Circuit’s finding of copyright fair use in Google LLC v. Oracle America, Inc. Justice Breyer authored the Court’s majority opinion, which Chief Justice Roberts and Justices Sotomayor, Kagan, Kavanaugh, and Gorsuch joined. Justice Thomas authored a dissenting opinion, which Justice Alito joined. Justice Barrett did not participate in the case. Here are the introductions to the majority and dissenting opinions.