Opinions

Opinions & Orders – October 14, 2020

This morning, the Federal Circuit issued a precedential opinion in a patent case and a nonprecedential opinion denying permission for an interlocutory appeal. The Federal Circuit also issued three Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.

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En Banc Activity

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. The en banc court heard oral argument in a veterans case last week. As for petitions for en banc consideration in patent cases, a new petition was filed in a case raising questions related to literal infringement and claim construction; the court invited a response to a petition raising a question related to sanctions; and the court denied two petitions, one in a pro se case and one raising a question related to non-obviousness. Here are the details.

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Opinions

Opinions & Orders – October 13, 2020

This morning the Federal Circuit issued a precedential opinion in a patent case and a nonprecedential opinion in a veterans case. Here are the introductions to the opinions.

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Opinions

Opinions & Orders – October 12, 2020

The Federal Circuit did not publish any opinions this morning.

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Argument Recap / En Banc Activity / Featured

Argument Recap – National Organization of Veterans Advocates, Inc. v. Secretary of Veterans Affairs

Last week, the Federal Circuit held an en banc session to hear oral argument in National Organization of Veterans Advocates, Inc. v. Secretary of Veterans Affairs. In this case, the court considered two questions posed by NOVA in its petition: (1) whether the Federal Circuit has jurisdiction to review a generally applicable interpretive rule promulgated by the Department of Veterans Affairs through its Adjudication Procedures Manual, and (2) whether a Federal Circuit Rule impermissibly supersedes a statute of limitations. Additionally, as a preliminary matter, the court heard argument as to whether NOVA has Article III standing in this case. This is our argument recap.

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Opinions

Opinions & Orders – October 9, 2020

This morning, the Federal Circuit issued one nonprecedential erratum and two nonprecedential Rule 36 judgments. Here is the text of the erratum and links to the Rule 36 judgments.

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Opinions

Opinions & Orders – October 8, 2020

This morning the Federal Circuit issued three nonprecedential opinions: two involving appeals from the Merit Systems Protection Board and one in a patent infringement case. Here are the introductions to the opinions.

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Argument Recap

Argument Recap – Trimble Inc. v. PerDiemCo LLC

Yesterday the Federal Circuit heard oral argument in Trimble Inc. v. PerDiemCo LLC, a patent case we have been following because it attracted an amicus brief. In this case, Trimble, the plaintiff-appellant, asks the Federal Circuit to reverse a district court’s dismissal of its declaratory judgment action. Trimble argues that the district court wrongly determined that it lacked personal jurisdiction over the defendant-patent owner, PerDiemCo. This is our argument recap.

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Opinions

Opinions & Orders – October 7, 2020

This morning, the Federal Circuit issued a precedential opinion in a patent case and four nonprecedential opinions in a case appealed from the Merit Systems Protection Board, a case concerning jurisdiction under the Tucker Act, a veterans case, and a patent case. The Federal Circuit also issued two Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.

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En Banc Activity

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. This week the en banc court will hear arguments in a veterans case. Late last week a supplemental reply brief was filed in that case. As for new petitions for en banc consideration, two were filed in patent cases raising various questions related to the doctrine of equivalents, prosecution history estoppel, vitiation, reasonable royalties, and obviousness. With respect previously-filed petitions, a new response was filed asking the court to reject a petition questioning whether whether a party who is not a patentee may sue for patent infringement. In addition, the court denied four petitions in patent cases raising questions related to mandamus jurisdiction over real-party-in-interest determinations, double patenting, transfer of venue, and claim construction. Here are the details.

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