FedCircuitBlog

This morning, the Federal Circuit released a precedential opinion affirming a decision of the Court of Appeals for Veterans Claims. Here is the introduction to the opinion.

On May 5, the Federal Circuit issued its opinion in ATS Ford Drive Investment, LLC v. United States, a case originally decided by the Court of Federal Claims. In this takings case, the Federal Circuit reviewed questions related to rails-to-trails conversion, whether the lower court erred when it refused to certify a question to the Indiana Supreme Court and when it held that right-of-way and damage-release forms landowners signed in the 1840s and 1850s granted a railroad title to fee simple estates in a strip of land used for a railway line. Judge Cunningham authored the the Federal Circuit’s opinion, which described why the court affirmed the lower court’s judgment. Judges Stoll and Lourie joined Judge Cunningham’s opinion. This is our opinion summary.  

This morning, the Federal Circuit released one nonprecedential order dismissing a patent case appealed from the District of Delaware. Here is a link to the dismissal.

Last month, the Federal Circuit issued its opinion in United Water Conservation District v. United States, a case we have been following because it attracted an amicus brief. In this appeal, the Federal Circuit reviewed a dismissal of a takings claim by the Court of Federal Claims. That court held that a restriction of water rights did not constitute a physical taking but rather a regulatory taking, which presented an unripe controversy. Judge Lourie, Judge Hughes, and Judge Gilstrap (sitting by designation from the Eastern District of Texas) heard the oral argument. Judge Lourie authored a unanimous opinion for the panel affirming the judgment. This is our opinion summary.

Late yesterday, the Federal Circuit released two nonprecedential orders dismissing appeals. This morning, the Federal Circuit released two nonprecedential opinions and two nonprecedential orders. The first opinion comes in a patent case appealed from the Middle District of Florida. Notably, Judge Stark concurred in part and dissented in part from the court’s holding vacating the district court’s judgment and remanding for further proceedings based on errors in claim construction. The second opinion comes in a veterans case appealed from the Court of Appeals for Veterans Claims. One of the two orders transfers an appeal to the Sixth Circuit, while the other order dismisses an appeal for lack of an appealable final judgment. Here are the introductions to the opinions and links to the transfer and dismissals.

This morning, the Federal Circuit released two nonprecedential opinions in patent cases. In the first opinion, the Federal Circuit reversed in part, vacated in part and remanded in part based on error in a decision of the Patent Trial and Appeal Board. In the second opinion, the Federal Circuit affirmed a final judgment of a district court. The Federal Circuit also released one nonprecedential order dismissing an appeal. Here are the introductions to the opinions and a link to the dismissal.

Today, the Federal Circuit released two opinions in patent cases. In the first opinion, which is precedential, the Federal Circuit reverses a decision of the Patent Trial and Appeal Board not to hold any claims unpatentable and remands the case for further consideration. In the second opinion, which is nonprecedential, the Federal Circuit affirms another decision of the Patent Trial and Appeal Board to hold some claims not unpatentable and another claim unpatentable and vacates and remands its decision to hold other claims not unpatentable. Here are the introductions to the opinions.

Late yesterday, the Federal Circuit released a precedential opinion in an en banc case appealed from the Western District of Texas. Notably, Judges Reyna and Stark concurred in part and dissented in part. Today, the Federal Circuit released a precedential opinion in a trademark case. The court also released three nonprecedential opinions affirming judgments, the first in a veterans case, the second in a patent case, and the third in an appeal from the Armed Services Board of Contract Appeals. The Federal Circuit also released one nonprecedential order dismissing an appeal. Here are the introductions to the opinions and a link to the dismissal.

This afternoon the Federal Circuit decided EcoFactor, Inc. v. Google LLC, an en banc patent case. In an opinion authored by Chief Judge Moore and joined by seven other judges, the court reversed a denial by the Western District of Texas of a motion for a new trial on damages. The Federal Circuit held the district court abused its discretion by failing to exclude expert testimony that prior licensees agreed to a particular royalty rate. Judges Reyna and Stark dissented in part. Here are the details.

Today, the Federal Circuit released a precedential opinion affirming a decision in a case appealed from the Trademark Trial and Appeal Board. The court also released two nonprecedential opinions in cases decided by the Merit Systems Protection Board. In the first nonprecedential opinion, the court affirmed the Board’s final decision. In the second nonprecedential opinion, the court reversed the Board’s final decision and remanded the case for further proceedings. Here are the introductions to the opinions.