FedCircuitBlog

This morning the Federal Circuit issued one precedential opinion in a Vaccine Act case, one nonprecedential opinion in a patent case, and one nonprecedential erratum. Here are the introductions to the opinions and text from the erratum.

This morning the Federal Circuit issued one precedential opinion in a government contracts case. Here is the introduction to the opinion.

Last Wednesday, the Federal Circuit issued its opinion in National Veterans Legal Services Program v. United States, a case we have been tracking because it attracted amicus briefs. In this case, NVLSP argues that that the federal government has been overcharging for electronic access to documents filed in court cases. This case was brought to the Federal Circuit as an interlocutory appeal seeking to clarify the correct interpretation of a federal statute, 28 U.S.C § 1913. In the opinion, the panel (including Judge Lourie, Clevenger, and Hughes) unanimously affirmed a district court’s interpretation of the statute and remanded the case back to the district court for it to resolve the case using the correct interpretation. Here is a summary of the opinion.

This morning the Federal Circuit issued a precedential opinion in a government contracts case and a nonprecedential opinion in a case appealed from the Merit Systems Protection Board. Here are the introductions to the opinions.

Jeffrey A. Lefstin serves as a Professor of Law at the University of California, Hastings College of the Law. Prior to serving as a professor, he clerked for Federal Circuit Judge Raymond C. Clevenger III. Prof. Lefstin holds a Ph.D. in Biochemistry from the University of California San Francisco and a J.D. from Stanford Law School. He has written extensively and testified before Congress concerning the doctrine of patent eligibility.

Though described by the majority as “narrow,” the American Axle v. Neapco panel opinion sets forth two far-reaching expansions in the law of patent eligibility.

On Monday, the Federal Circuit issued its opinion in Bio-Rad Laboratories, Inc. v. 10X Genomics Inc., a case we have been tracking because it attracted an amicus brief. In the opinion, the panel composed of Judges Newman, O’Malley, and Taranto unanimously affirmed a district court’s judgment of liability for infringement of a patent. The panel, however, also reversed the district court’s construction of asserted claims in two other patents and vacated the judgment of infringement of those patents. Finally, the panel also vacated the district court’s grant of a permanent injunction, but only with respect to certain product lines. Here is a summary of the opinion.

This morning the Federal Circuit issued a precedential opinion in Little Tucker Act case; four nonprecedential opinions in a case concerning the jurisdiction of the Court of Federal Claims, an MSPB case, a veterans case, and a patent case; and a Rule 36 summary affirmance. Here are the introductions to the opinions and the Rule 36 judgment.

Last Friday, the Federal Circuit filed opinions in two related cases that attracted amicus briefs, Takeda Pharmaceuticals U.S.A. v. Mylan Pharmaceuticals Inc. and Takeda Pharmaceuticals U.S.A. v. Alkem Laboratories Limited. In both cases, Judges Prost and Hughes affirmed the district court’s decision denying Takeda’s request for a preliminary injunction. Judge Newman dissented in both cases. Here is a summary of the opinions.

This morning the Federal Circuit issued a precedential order sua sponte granting en banc rehearing in a veterans case, as well as four nonprecedential opinions in cases addressing the jurisdiction of the Court of Federal Claims, patent law, trademark law, and the jurisdiction of the Merit Systems Protection Board. Here is text from today’s order and the introductions of the opinions.

This morning the Federal Circuit issued one precedential opinion in a patent case, four nonprecedential opinions in veterans cases, and three Rule 36 summary affirmances. Here are the introductions to the opinions and a list of the Rule 36 judgments.