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.
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treatment of the active ingredient in a medication for the treatment of the human immunodeficiency virus (“HIV”), a nonprecedential opinion in a patent case affirming a dismissal for lack of eligibility, a nonprecedential order unsealing the trade opinion, and an erratum.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.
This morning the Federal Circuit issued a modified precedential order granting a motion to substitute a successor-in-interest in an appeal of an inter partes reexamination of a design patent. Compared to the original order, the modified order differs primarily in that Judge Dyk modified parts of the original order and Judge O’Malley now dissents from the grant of the motion. Here is the introduction to the modified order and the text of Judge O’Malley’s dissent.
This morning the Federal Circuit released a nonprecedential opinion in a takings case and two nonprecedential opinions in patent cases, one affirming the Patent Trial and Appeal Board and another dismissing an appeal for lack of constitutional standing. The court also issued a nonprecedential order granting a petition for a writ of mandamus ordering the Western District of Texas to transfer a patent infringement case. Notably, this order marked the second grant of mandamus against the Western District of Texas in the same case. The first grant of mandamus required the Western District of Texas to rule on a long-pending motion to transfer, while this second grant of mandamus requires the Western District of Texas to transfer the case.