FedCircuitBlog

This morning the Federal Circuit issued one nonprecedential opinion in a trademark case, one nonprecedential opinion in a Merit Systems Protection Board case, one nonprecedential erratum, and six nonprecedential Rule 36 judgments. Here are the introductions to the opinions and a list of the Rule 36 judgments.

The Federal Circuit did not issue any new opinions today given that it is Veterans Day, a federal holiday.

This morning the Federal Circuit issued three precedential opinions in a patent case, an international trade case, and a case affirming the Court of Federal Claims. The court also issued three nonprecedential opinions: two in patent cases and one in another case affirming the Court of Federal Claims. Finally, the court issued five Rule 36 judgments. Here are the introductions to the opinions and a list of the Rule 36 judgments.

This morning the Federal Circuit issued three precedential opinions in a patent case, a Vaccine Act case, and a Merit Systems Protection Board case. The court also issued three nonprecedential opinions in a patent case, a Merit Systems Protection Board case, and a case dismissed by the Court of Federal Claims. The court also issued two nonprecedential Rule 36 judgments. Here are the introductions to the opinions and a list of the Rule 36 judgments.

This morning the Federal Circuit issued one precedential opinion in a case involving a payment dispute with the United States Bureau of Reclamation under the Central Valley Project Improvement Act, two nonprecedential opinions in veterans cases, one nonprecedential order denying a petition for writ of mandamus in a patent case, and three nonprecedential Rule 36 judgments. Here are the introductions to the opinions and a list of the Rule 36 judgments.

This morning the Federal Circuit issued one nonprecedential Rule 36 judgment.

Today the Federal Circuit issued one precedential opinion in a patent case and one precedential modified and reissued opinion in case challenging the amount of a grant awarded by the Department of the Treasury. Related to the second opinion, the court also issued two nonprecedential orders granting panel rehearing for the limited purpose of substituting the revised opinion for the previously issued opinion. Here are the introductions to the opinions and orders.

Late on Friday the Federal Circuit issued two precedential orders in patent cases and one nonprecedential order in a patent case. These orders represent the immediate fall out from the Federal Circuit’s opinion late on Thursday in Arthrex, Inc. v. Smith & Nephew, Inc. that the Secretary of Commerce’s appointment of Administrative Patent Judges to the Patent Trial and Appeal Board violates the Appointments Clause of the U.S. Constitution. (You can find this blog’s report on that decision here.) On Friday, the Federal Circuit ruled in two cases that the appellants forfeited this same challenge by not raising it in their opening briefs, but instead only in a post-briefing motion or notice of supplemental authority. In the third case, the court canceled this week’s oral argument, vacated the PTAB’s decision, and remanded the case because the appellant did raise the Appointments Clause challenge in its opening brief. Here is the text of the orders.

Today the Federal Circuit issued one nonprecedential opinion in a patent case. Here is the introduction to the opinion.

While the Federal Circuit did not issue any opinions this morning, this afternoon (after the time the court typically issues opinions) it issued an important precedential opinion in a patent case, Arthrex, Inc. v. Smith & Nephew, Inc. In this case Arthrex argued that the the Secretary of Commerce’s appointment of Administrative Patent Judges to the Patent Trial and Appeal Board violates the Appointments Clause of the U.S. Constitution. The Federal Circuit agreed. The court, however, also noted the limited nature of its holding and the limited remedy its holding required.