Opinions

Opinions & Orders – May 28, 2025

Late yesterday, the Federal Circuit released two nonprecedential orders dismissing appeals. This morning, the Federal Circuit released two nonprecedential opinions and two nonprecedential orders. The first opinion comes in a patent case appealed from the Middle District of Florida. Notably, Judge Stark concurred in part and dissented in part from the court’s holding vacating the district court’s judgment and remanding for further proceedings based on errors in claim construction. The second opinion comes in a veterans case appealed from the Court of Appeals for Veterans Claims. One of the two orders transfers an appeal to the Sixth Circuit, while the other order dismisses an appeal for lack of an appealable final judgment. Here are the introductions to the opinions and links to the transfer and dismissals.

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Opinions

Opinions & Orders – May 27, 2025

This morning, the Federal Circuit released two nonprecedential opinions in patent cases. In the first opinion, the Federal Circuit reversed in part, vacated in part and remanded in part based on error in a decision of the Patent Trial and Appeal Board. In the second opinion, the Federal Circuit affirmed a final judgment of a district court. The Federal Circuit also released one nonprecedential order dismissing an appeal. Here are the introductions to the opinions and a link to the dismissal.

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Opinions

Opinions & Orders – May 23, 2025

Today, the Federal Circuit released two opinions in patent cases. In the first opinion, which is precedential, the Federal Circuit reverses a decision of the Patent Trial and Appeal Board not to hold any claims unpatentable and remands the case for further consideration. In the second opinion, which is nonprecedential, the Federal Circuit affirms another decision of the Patent Trial and Appeal Board to hold some claims not unpatentable and another claim unpatentable and vacates and remands its decision to hold other claims not unpatentable. Here are the introductions to the opinions.

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Opinions

Opinions & Orders – May 22, 2025

Late yesterday, the Federal Circuit released a precedential opinion in an en banc case appealed from the Western District of Texas. Notably, Judges Reyna and Stark concurred in part and dissented in part. Today, the Federal Circuit released a precedential opinion in a trademark case. The court also released three nonprecedential opinions affirming judgments, the first in a veterans case, the second in a patent case, and the third in an appeal from the Armed Services Board of Contract Appeals. The Federal Circuit also released one nonprecedential order dismissing an appeal. Here are the introductions to the opinions and a link to the dismissal.

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Featured / Opinions

Breaking News: En Banc Federal Circuit Overturns Damages Award in Patent Case Based on Improper Reliance on Prior Licenses

This afternoon the Federal Circuit decided EcoFactor, Inc. v. Google LLC, an en banc patent case. In an opinion authored by Chief Judge Moore and joined by seven other judges, the court reversed a denial by the Western District of Texas of a motion for a new trial on damages. The Federal Circuit held the district court abused its discretion by failing to exclude expert testimony that prior licensees agreed to a particular royalty rate. Judges Reyna and Stark dissented in part. Here are the details.

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Opinions

Opinions & Orders – May 21, 2025

Today, the Federal Circuit released a precedential opinion affirming a decision in a case appealed from the Trademark Trial and Appeal Board. The court also released two nonprecedential opinions in cases decided by the Merit Systems Protection Board. In the first nonprecedential opinion, the court affirmed the Board’s final decision. In the second nonprecedential opinion, the court reversed the Board’s final decision and remanded the case for further proceedings. Here are the introductions to the opinions.

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Opinions

Opinions & Orders – May 20, 2025

Late yesterday, the Federal Circuit released a nonprecedential order dismissing an appeal. This morning, the Federal Circuit released two nonprecedential opinions in related cases affirming decision of the Merit Systems Protection Board. The court also released four nonprecedential orders. The first nonprecedential order grants the government’s petition to appeal and denies a cross-petitioner’s petition to appeal. The second nonprecedential order denies another petitioner’s permission to appeal. The third nonprecedential order summarily affirms a judgment. The fourth nonprecedential order dismisses an appeal. Here are the introductions to the opinions and orders ruling on petitions to appeal and links to the summary affirmance and dismissals.

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Opinions

Opinions & Orders – May 19, 2025

Today, the Federal Circuit released three nonprecedential opinions. In the first, the court affirmed as to a direct appeal and reversed as to a cross-appeal in a patent case. Notably, Judge Stark dissented in part from the majority’s decision to reverse as to the cross-appeal. In the second nonprecedential opinion, the court affirmed a decision of the Court of Appeals for Veterans Claims. In the third nonprecedential opinion, the Federal Circuit vacated and remanded a decision of the Trademark Trial and Appeal Board. The Federal Circuit also released one nonprecedential order granting a motion for summary affirmance and 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 – May 16, 2025

Today, the Federal Circuit released a precedential opinion vacating and remanding a decision of the Armed Services Board of Contract Appeals. The court also released three nonprecedential opinions in three patent cases. Finally, the Federal Circuit released two nonprecedential orders dismissing appeals. Here are the introductions to the opinions and links to the dismissals.

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Opinions

Opinions & Orders – May 15, 2025

Today, the Federal Circuit released one nonprecedential opinion in a patent case, one nonprecedential opinion in a veterans case, and one Rule 36 summary affirmance. Here are the introductions to the opinions and a link to the summary affirmance.

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