Opinions

Opinions & Orders – May 6, 2021

This morning, the Federal Circuit released a nonprecedential opinion in a patent infringement case and five summary affirmances under Federal Circuit Rule 36. Here is the introduction to the opinion and a list of the summary affirmances.

Read More
Opinions

Opinion & Orders – May 5, 2021

This morning, the Federal Circuit issued five opinions: a precedential opinion in a patent case; two nonprecedential opinions involving the same appellant challenging separate decisions of the Merit Systems Protection Board; a nonprecedential opinion in a veterans case; and a nonprecedential opinion in an employment law case challenging an arbitrator’s decision. Here are the introductions of the opinions.

Read More
Opinions

Opinions & Orders – May 4, 2021

This morning, the Federal Circuit released a nonprecedential opinion affirming a judgment by the Patent Trial and Appeal Board in an inter partes review proceeding. The court also released a nonprecedential order denying a petition for a writ of mandamus in a patent infringement case in which the parties disputed whether settlement agreements were discoverable or privileged. Finally, the court released a Rule 36 summary affirmance. Here are introductions to the opinions and a link to the summary affirmance.

Read More
Opinions

Opinions & Orders – May 3, 2021

This morning, the Federal Circuit issued a precedential opinion in a pro se tax dispute decided by the Court of Federal Claims. Over a dissent by Judge Newman, the court affirmed both a dismissal of the case and a denial of a motion for leave to amend the underlying complaint. Here are the introductions to the opinions.

Read More
Opinions

Opinions & Orders – April 30, 2021

The Federal Circuit issued nine opinions and orders this morning:

  • The court issued a precedential opinion in a veterans law case, affirming the upholding of a denial of an earlier effecting date for a service-connected disability over a dissent by Judge Newman.
  • The court issued two orders and a precedential opinion in another veterans law case on remand from the Supreme Court. The first order granted panel rehearing, the panel withdrew and replaced its original opinion with a new precedential opinion, and the second order denied rehearing en banc. The new panel opinion declined to apply Auer deference to a Department of Veterans Affairs regulation and affirmed a decision of the Veterans Court, which in turn had affirmed a decision by the Board of Veterans’ Appeals denying an earlier effective date for a service-connected disability. Judge Reyna dissented. Notably, the order denying rehearing en banc elicited five separate concurring and dissenting opinions.
  • The court issued a related nonprecedential order and precedential opinion in a trade case. The order unsealed the opinion, which affirmed the Court of International Trade’s decision to affirm the Department of Commerce’s antidumping duty order covering carbon and certain alloy steel wire rod from Mexico.
  • The court issued two nonprecedential opinions affirming the Court of Federal Claims in two government contract appeals involving the same parties.
  • The court issued a Rule 36 summary affirmance in case appealed from the Northern District of California.

Here are the introductions to the opinions, text from the orders, and a link to the Rule 36 judgment.

Read More
Opinions

Opinions & Orders – April 29, 2021

This morning, the Federal Circuit released three opinions: a precedential opinion in a patent case decided by the International Trade Commission, a precedential opinion in a veterans case, and a nonprecedential opinion in a case decided by the Merit Systems Protection Board. Here are the introductions of the opinions.

Read More
Opinions

Opinions & Orders – April 28, 2021

The Federal Circuit again did not release any opinions or orders this morning on its website. That makes four out of the last five business days without released opinions or orders.

Read More
Opinions

Opinions & Orders – April 27, 2021

The Federal Circuit did not release any opinions or orders this morning.

Read More
Opinions

Opinions & Orders – April 26, 2021

This morning, the Federal Circuit released a precedential opinion in a trade case affirming the Court of International Trade’s determination of duty-free treatment of the active ingredient in a medication for the treatment of the human immunodeficiency virus (“HIV”), a nonprecedential opinion in a patent case affirming a dismissal for lack of eligibility, a nonprecedential order unsealing the trade opinion, and an erratum. Here are are the introductions to the opinions, text from the order, and link to the erratum.

Read More
Opinions

Opinions & Orders – April 23, 2021

The Federal Circuit did not release any opinions or orders this morning.

Read More