FedCircuitBlog

This morning the Federal Circuit issued three opinions: a precedential opinion in a patent case; a precedential opinion in a case appealed from the Merit Systems Protection Board; and a nonprecedential opinion in another case appealed from the Merit Systems Protection Board. Here are the introduction to the opinions.

This morning the Federal Circuit issued a precedential opinion addressing jurisdiction in an appeal from the Merit Systems Protection Board; a precedential order denying a petition for panel and en banc rehearing in an appeal from the Trademark Trial and Appeal Board over a dissent by Judge Wallach; and a nonprecedential erratum correcting a typographical error in an opinion issued in trade case yesterday. Here is the introductions to the opinions and text from the erratum.

This morning the Federal Circuit issued a precedential opinion affirming in part, reversing in part, and remanding a decision of the U.S. Court of International Trade in an antidumping case. Here is the introduction to the opinion.

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

As we reported this morning, earlier today the Federal Circuit decided Albright v. United States, a takings case we have been following because it attracted an amicus brief. Chief Judge Prost authored today’s unanimous panel opinion affirming the Court of Federal Claim’s conclusion that the federal government did not commit any taking under the Fifth Amendment. In particular, the courts agreed that, when the government converted a particular railroad line into a recreational trail, no taking occurred because at that time the plaintiffs-appellants did not have a property interest in the railroad line. Their predecessors-in-interest, the courts ruled, did not grant easements to the railroad line but, instead, “fee simple absolute title” ownership of the land in question. This is our opinion summary.

This morning the Federal Circuit issued a nonprecedential opinion affirming a judgment by the Court of Federal Claims rejecting takings claims based on a so-called “rails-to-trails” conversion. Here is the introduction to the opinion.

This morning the Federal Circuit issued two opinions, one precedential and one nonprecedential. In the precedential opinion, the court affirmed a judgment of the Court of International Trade over a dissent by Judge Reyna. In the nonprecedential opinion, the court affirmed a judgment of the Patent Trial and Appeal Board invalidating patent claims as obvious in an ex parte reexamination proceeding. Here are the introductions to the opinions.

The Federal Circuit did not publish any opinions or orders today given the extended Thanksgiving holiday noted in the court’s recent notice and order.

Happy Thanksgiving! The Federal Circuit did not publish any opinions or orders this morning given the federal holiday.

This morning the Federal Circuit issued six opinions and orders:

• a precedential opinion in a patent case affirming a holding of obviousness by the Patent Trial and Appeal Board,
• a nonprecedential opinion in another patent case affirming a holding of nonobviousness by the Patent Trial and Appeal Board,
• a nonprecedential opinion in a third patent case affirming a district court’s dismissal due to ineligibility, and
• three nonprecedential orders denying or dismissing petitions for writs of mandamus.

Here are the introductions to the opinions and excerpts from the orders.