FedCircuitBlog

This morning the Federal Circuit released one precedential opinion and four nonprecedential orders. The opinion affirms a judgment of the Western District of Texas in a patent case. All four orders are dismissals. Here is the introduction to the opinion and links to the orders.

Last month the Federal Circuit issued its opinion in Salix Pharmaceuticals, Ltd. v. Norwich Pharmaceuticals Inc., a patent case that attracted an amicus brief. In this case, the Federal Circuit reviewed a judgment by the District of Delaware, which held that Norwich infringed certain patent claims but that other claims were invalid for obviousness. After Norwich amended its Abbreviated New Drug Application to remove the infringing indication, Norwich sought to modify the judgment, contending the amendment negated any possible infringement. The district court, however, denied its motion. The Federal Circuit, in an opinion authored by Judge Lourie that was joined by Judge Chen, affirmed the judgment of the district court. Judge Cunningham, however, filed a dissenting opinion. This is our opinion summary.

This morning the Federal Circuit released one nonprecedential opinion dismissing an appeal from the Court of Appeals for Veterans Claims for lack of jurisdiction. Here is the introduction to the opinion.

This morning the Federal Circuit released one precedential opinion and one nonprecedential opinion. The precedential opinion affirms in part and reverses and remands in part for further proceedings a dismissal by the Court of Federal Claims of five claims raising statutory, contract, and constitutional issues. The nonprecedential opinion affirms a judgment of the Merit Systems Protection Board. Here are the introductions to the opinions.

This morning the Federal Circuit released one nonprecedential opinion and two nonprecedential orders. The nonprecedential opinion affirms a judgment of the Patent Trial and Appeal Board in an ex parte reexamination. The first order transmits a petition to a district court to be docketed as a notice of appeal, while the second order is a dismissal. Here is the introduction to the opinion and links to the orders.

This morning the Federal Circuit released one nonprecedential opinion and seven nonprecedential orders. The opinion affirms a district court’s judgment based on lack of patent-eligible subject matter. One of the orders transfers an appeal from to the Ninth Circuit, one terminates an appeal and transfers the case to the Court of Federal Claims, and one denies a petition for a writ of mandamus. The other four orders are dismissals. Here is the introduction to the opinion and links to the orders.

Last month the Federal Circuit issued its opinion in Jones v. Merit Systems Protection Board, a case that attracted an amicus brief. In this case, the Federal Circuit reviewed a judgment of the Merit Systems Protection Board, which dismissed Jones’s appeal for lack of jurisdiction. In an opinion authored by Judge Lourie that was joined by Judges Bryson and Stark, the Federal Circuit affirmed the judgment of the Merit Systems Protection Board. The Federal Circuit held that the Board properly dismissed the case because the administrative judge “did not legally err or lack substantial evidence when reaching her determination that Jones was not an ‘employee’ as used in [5 U.S.C.] § 7513(d).” This is our opinion summary.

Late yesterday, the Federal Circuit released a precedential opinion reversing, vacating, and remanding a case appealed from the Patent Trial and Appeal Board. This morning, the Federal Circuit released three nonprecedential orders. The first grants a motion to remand appeals to the Court of Federal Claims. The others are dismissals. Here is the introduction to the opinion, the introduction to the order remanding appeals, and the links to the dismissals.

This morning the Federal Circuit released one precedential opinion, one nonprecedential opinion, and one nonprecedential order. The precedential opinion affirms a judgment of the Trademark Trial and Appeal Board. The nonprecedential opinion affirms a judgment of the Patent Trial and Appeal Board. The nonprecedential order dismisses an appeal. Here are the introductions to the opinions and a link to the order.

This morning the Federal Circuit released one nonprecedential order. The order dismisses an appeal from the Eastern District of Texas for failing to file a brief in the specified time. Here is the link to the order.