Opinions

Opinions & Orders – January 15, 2024

Late Friday, the Federal Circuit released two nonprecedential orders. One denies both a petition and a motion in an ongoing patent infringement action; another dismisses an appeal. Here is selected text from the denial order and a link to the dismissal.

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Opinions

Opinions & Orders – January 12, 2024

The Federal Circuit sends us into the weekend with the release of four nonprecedential opinions. One opinion addresses an appeal from the Court of Federal Claims in which a motion for extension to file a notice of appeal was denied. Another opinion addresses an appeal from a final written decision of the Patent Trial and Appeal Board finding two claims unpatentable as obvious. Finally, two opinions, sharing the same named parties, address appeals from decisions of the Patent Trial and Appeal Board finding certain claims unpatentable as obvious. Here are the introductions to the opinions.

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En Banc Activity

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include a new petition for rehearing concerning the standard of determining whether a claim is a “coined term” and two denials. Here are the details.

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Opinions

Opinions & Orders – January 11, 2024

This morning, the Federal Circuit released one nonprecedential opinion, one nonprecedential order, and one Rule 36 summary affirmance. The opinion addresses a pro se appeal from a decision of the Court of Federal Claims. The order grants a motion to voluntarily dismiss an appeal. Here is the introduction to the opinion and links to the dismissal and summary affirmance.

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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. With respect to petitions, one new petition was filed with the Court in a veterans case; two reply briefs in support of petitions were filed in a patent case and a veterans case; and the Court denied certiorari in three patent cases, three veterans cases, a trade case, a Fair Labor Standards Act case, and a pro se case. Here are the details.

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Opinions

Opinions & Orders – January 10, 2024

This morning, the Federal Circuit released one precedential opinion, three nonprecedential opinions, and one Rule 36 summary affirmance. The precedential opinion, which drew a dissent from Judge Reyna, reverses and remands a decision by the Trademark Trial and Appeal Board cancelling the registration of a trademark. One nonprecedential opinion addresses an appeal from a Veteran’s Court decision, which is ultimately dismissed due to lack of jurisdiction. Another nonprecedential opinion affirms a decision from the Patent Trial and Appeal Board finding a claim unpatentable as obvious. Finally, another nonprecedential opinion affirms a dismissal by the Court of Federal Claims. Late yesterday, the Federal Circuit also released three nonprecedential orders dismissing appeals. Here are the introductions to the opinions and links to the summary affirmance and dismissals.

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Opinions

Opinions & Orders – January 9, 2024

This morning, the Federal Circuit released one precedential opinion, four nonprecedential opinions, and two nonprecedential orders. The precedential opinion addresses an appeal involving two inter partes review proceedings, affirming decisions on claim construction and prior art challenges related to biomolecule identification. One nonprecedential opinion affirms Patent Trial and Appeal Board findings on obviousness and its decisions regarding evidence and discovery. Two nonprecedential opinions address appeals from the Merit Systems Protection Board, with one affirming the Board’s decision sustaining the removal of an employee and the other affirming the Board’s determination that it lacked jurisdiction. The final nonprecedential opinion affirms a district court’s conclusion that certain patent claims are ineligible, with a partial dissent related to claim construction and analysis of inventive concept. The nonprecedential orders are dismissals. Here are the introductions to the opinions and links to the dismissals.

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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 about how “Apple and the U.S. Patent and Trademark Office have told the U.S. Supreme Court to reject [an] appeal claiming that Apple was wrongly allowed into patent challenges that doomed a $576 million judgment”; and
  • a blog post highlighting the Federal Circuit’s “first precedential patent decision of 2024.”
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Opinions

Opinions & Orders – January 8, 2024

This morning, the Federal Circuit released one nonprecedential order dismissing a petition for review. Here is the link to the dismissal.

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Court Week

Court Week – January 2024 – What You Need to Know

This week is Court Week at the Federal Circuit. In total, the court will convene nine panels to consider 46 cases. Of these 46 cases, the court will hear oral arguments in 34. The Federal Circuit is providing access to live audio of these arguments via the Federal Circuit’s YouTube channel. This month, two cases attracted amicus briefs. Here’s what you need to know about these two cases.

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