Opinions

Opinions & Orders – July 3, 2023

The Federal Circuit did not release any opinions or orders today on its website.

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Opinions

Opinions & Orders – June 30, 2023

This morning, the Federal Circuit released a precedential order granting a petition for en banc rehearing in a design patent case addressing obviousness. The court also released three nonprecedential opinions: one in a patent case appealed from the Patent Trial and Appeal Board and two in related pro se cases appealed from the Merit Systems Protection Board. Here are the introductions to the order and opinions.

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Opinions

Opinions & Orders – June 29, 2023

This morning, the Federal Circuit released a precedential opinion in a veterans case addressing the framework for how the Department of Veterans Affairs performs disability ratings by analogy. Late yesterday and this morning, the court also released two nonprecedential orders dismissing appeals. Here is the introduction to the opinion and links to the dismissals.

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Opinions

Opinions & Orders – June 28, 2023

This morning, the Federal Circuit released three opinions, one precedential opinion in a takings case and two nonprecedential opinions in patent cases addressing, respectively, claim construction and non-obviousness. Late yesterday and this morning, the court also released four nonprecedential orders dismissing appeals, one for lack of jurisdiction. Here are the introductions to the opinions and the dismissal for lack of jurisdiction and links to the other dismissals.

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Opinions

Opinions & Orders – June 27, 2023

This morning, the Federal Circuit released two opinions, one precedential and one nonprecedential, both in patent cases. The precedential opinion comes in an appeal of a post-grant review proceeding and addresses claim construction, written description, enablement, and motions to amend practice and procedure under the Administrative Procedure Act. The nonprecedential opinion comes in an appeal of an inter partes review and addresses claim construction and anticipation. Late yesterday and this morning, the court also released two nonprecedential orders, one denying a petition for a writ of mandamus that would order transfer, and one dismissing an appeal. Here are the introductions to the opinions and order and a link to the dismissal.

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Opinions

Opinions & Orders – June 26, 2023

This morning, the Federal Circuit released a precedential opinion in a trademark case. In it, the court vacated and remanded a Trademark Trial and Appeal Board decision regarding whether an appellant’s trademark was likely to be confused with three other trademarks the appellee had already registered. Here is the introduction to the opinion.

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Opinions

Opinion Summary – Ideker Farms, Inc. v. United States

Earlier this month, the Federal Circuit issued its opinion in Ideker Farms, Inc. v. United States, a takings case we have been following because it attracted an amicus brief. In this case, the Federal Circuit reviewed a conclusion of the Court of Federal Claims that the government’s action was the cause-in-fact of flooding damage and that, as a result, a taking-by-flooding occurred. In an opinon authored by Chief Judge Moore and joined by Judges Prost and Taranto, the Federal Circuit affirmed in part, vacated in part, and remanded the case. This is our opinion summary.

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Opinions

Opinions & Orders – June 23, 2023

The Federal Circuit did not release any opinions or orders today on its website.

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Opinions

Opinions & Orders – June 22, 2023

This morning, the Federal Circuit released two nonprecedential opinions in patent cases addressing, respectively, claim construction and definiteness. Here are the introductions to the opinions.

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Opinions

Opinions & Orders – June 21, 2023

This morning, the Federal Circuit released a nonprecedential opinion in a pro se patent case. In it, the court addressed whether the lack of compliance with a court order was appropriately handled by the district court when it sanctioned the appellant. Here is the introduction to the opinion.

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