Opinions

Opinions & Orders – March 12, 2024

This morning, the Federal Circuit released three nonprecedential opinions and two nonprecedential orders. All three of the opinions address pro se appeals—two opinions dismiss for lack of jurisdiction and one affirms a final order of the Merit Systems Protection Board. The orders are dismissals. Here are the introductions to the opinions and links to the orders.

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En Banc Activity

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. Highlights include a new petition filed in a patent case raising questions regarding the domestic industry requirement at the International Trade Commission and a denial of another petition in another patent case raising questions related to infringement. Here are the details.

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Opinions

Opinions & Orders – March 11, 2024

This morning, the Federal Circuit released one nonprecedential opinion and five Rule 36 summary affirmances. The nonprecedential opinion addresses a pro se appeal from a judgment of the Court of Appeals for Veterans Claims. Late Friday, the Federal Circuit also released one nonprecedential order dismissing an appeal. Here is the introduction to the opinion and links to the dismissal and summary affirmances.

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Opinions

Opinions & Orders – March 8, 2024

 This morning, the Federal Circuit released one precedential opinion, one nonprecedential opinion, two dismissals, and one Rule 36 summary affirmance. The precedential opinion comes in a pro se appeal from a judgment of the Court of Federal Claims, and the nonprecedential opinion comes in an appeal from a judgment of the Court of Appeals of Veterans Claims. Here are the introductions to the opinions and links to the dismissals and summary affirmance.

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News

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 the Federal Circuit concluded that a district court “improperly found a contradiction between two claim limitations to arrive at its indefiniteness holding”;
  • an article noting how the “Federal Circuit didn’t seem convinced Tuesday morning that a U.S. Court of Federal Claims order overturning an attorney fee award was even ripe for appeal”; and
  • an article highlighting how the “Federal Circuit grilled lawyers over the validity of a patent for a ‘Tic-Tac-Fruit’ game meant to incorporate just enough elements of skill to skirt state anti-gambling laws.”
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Opinions

Opinions & Orders – March 7, 2024

This morning, the Federal Circuit released one precedential opinion, two nonprecedential opinions, one dismissal, and two Rule 36 summary affirmances. The precedential opinion addresses an appeal from a judgement of the United States Court of International Trade. One of the nonprecedential opinions addresses an appeal from a judgment of the Merit Systems Protection Board, while the other addresses an appeal from a judgment of the Patent Trial and Appeal Board. Here are the introductions to the opinions and links to the dismissal and summary affirmances.

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Petitions / 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 granted cases, there is no new activity to report since our last update. While no new petitions were filed with the Court, a waiver of right to respond was filed in a pro se case, a reply brief was filed in a patent case, and four amicus briefs were filed in two Merit Systems Protection Board cases presenting the same question. Here are the details.

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Opinions

Opinions & Orders – March 6, 2024

This morning, the Federal Circuit released two precedential opinions, three nonprecedential opinions, three nonprecedential orders, and six Rule 36 summary affirmances. One of the precedential opinions addresses an appeal from a judgment of the Civilian Board of Contract Appeals. The other precedential opinion addresses an appeal from a district court judgment in a patent case and addresses indefiniteness. Two of the three nonprecedential opinions affirm judgments of the Patent Trial and Appeal Board. The third nonprecedential opinion affirms a judgment of the Court of Federal Claims in a pro se case. The orders are dismissals. Here are the introductions to the opinions and links to the dismissals and summary affirmances.

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Panel Activity

Update on Important Panel Activity

Here is an 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 four new cases that attracted amicus briefs: a patent case, a takings case, a veterans case, and a Little Tucker Act case. Additionally, we highlight two new reply briefs filed in patent cases. Here are the details.

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Opinions

Opinions & Orders – March 5, 2024

This morning the Federal Circuit released two precedential opinions, one nonprecedential opinion, and two nonprecedential dismissals. One of the precedential opinions addresses an appeal from five final written decisions of the Patent Trial and Appeal Board. The other precedential opinion addresses an appeal from a grant of summary judgment of noninfringement in a patent infringement case. The nonprecedential opinion affirms an arbitrator’s decision in a dispute over removal from a role with the United States Marshals Service. Here are the introductions to the opinions and links to the orders.

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