Opinions

Opinions & Orders – June 18, 2024

This morning the Federal Circuit released one precedential opinion, three nonprecedential opinions, and one nonprecedential order. The precedential opinion affirms in part a judgment of the Court of Federal Claims, which dismissed a complaint for lack of jurisdiction and for failure to state a claim. The first nonprecedential opinion affirms a judgment of the Merit Systems Protection Board, the second affirms a judgment of the Patent Trial and Appeal Board, and the third vacates and remands another judgment of the Patent Trial and Appeal Board. The order is a dismissal. Here are the introductions to the opinions and a link to the order.

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Opinions / Panel Activity

Opinion Summary – Frantzis v. McDonough

Earlier this month the Federal Circuit issued it opinion in Frantzis v. McDonough, a veterans case that attracted two amicus briefs. In this case, the Federal Circuit reviewed a determination by the Court of Veterans Claims that, under the Veterans Appeals Improvement and Modernization Act, a claimant is not entitled to an opportunity for a hearing before the Board member who ultimately decides the administrative appeal. The Federal Circuit, in an opinion authored by Chief Judge Moore that was joined by Judges Clevenger and Chen, affirmed the judgment of the Court of Veteran Claims. This is our opinion summary.

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Opinions

Opinions & Orders – June 17, 2024

This morning the Federal Circuit released one precedential opinion reversing a district court in a trade secrets case. The district court had granted a preliminary injunction. Here is the introduction to the opinion.

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Opinions

Opinions & Orders – June 14, 2024

This morning the Federal Circuit released two nonprecedential orders. Both orders are dismissals. Here are the links to the orders.

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En Banc Activity / Opinions

Opinion Summary – LKQ Corporation v. GM Global Technology Operations LLC

Late last month the Federal Circuit issued its opinion in LKQ Corporation v. GM Global Technology Operations LLC, a design patent case that attracted eighteen amicus briefs. In this case, the en banc court reviewed the continuing vitality of the so-called Rosen-Durling test to asses nonobviousness of design patents. In an opinion authored by Judge Stoll, the en banc court overruled the cases using that test and adopted in its place a new approach for assessing nonobviousness of design patents. Notably, Judge Lourie filed a concurring opinion. This is our opinion summary.

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Opinions

Opinions & Orders – June 13, 2024

This morning the Federal Circuit released two nonprecedential opinions. The first opinion dismisses an appeal from the Court of Appeals for Veterans Claims. The second opinion affirms a judgment of the Merit Systems Protection Board, which dismissed claims for lack of jurisdiction. Here are the introductions to the opinions.

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Opinions

Opinions & Orders – June 12, 2024

This morning the Federal Circuit released one nonprecedential opinion and one nonprecedential order. The nonprecedential opinion affirms a judgment of the Patent Trial and Appeal Board. The order dismisses and appeal from the Court of Appeals for Veterans Claims as moot. Here is the introduction to the opinion and link to the order.

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Opinions

Opinions & Orders – June 11, 2024

This morning the Federal Circuit released two nonprecedential opinions and seven nonprecedential orders. The first opinion affirms a judgment of the Merit Systems Protection Board, and the second opinion affirms in part, reverses in part, and remands a patent and trade secret case appealed from the District of Rhode Island. Three of the orders are dismissals and four are Rule 36 summary affirmances. Here are the introductions to the opinions and links to the dismissals and summary affirmances.

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Opinions

Opinions & Orders – June 10, 2024

This morning the Federal Circuit released one nonprecedential opinion and three nonprecedential orders. The opinion affirms a judgment of the Merit Systems Protection Board, and all the orders are dismissals. Here is the introduction to the opinion and links to the orders.

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Opinions

Opinions & Orders – June 7, 2024

This morning the Federal Circuit released one precedential opinion, two nonprecedential opinions, and three nonprecedential orders. The precedential opinion reverses and remands in a Tucker Act case decided by the Court of Federal Claims. The first nonprecedential opinion affirms a judgment of the Court of Federal Claims, which dismissed a complaint for lack of jurisdiction. The second nonprecedential opinion dismisses an appeal from the Court of Appeals for Veterans Claims. One of the orders dismisses an appeal from the Patent Trial and Appeal Board as moot, while the two other orders are Rule 36 summary affirmances. Here are the introductions to the opinions and the links to the orders.

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