FedCircuitBlog

This morning, the Federal Circuit released three opinions in patent cases appealed from the Eastern District of Texas. Two were precedential and one was nonprecedential. The precedential opinions address subject matter jurisdiction in a declaratory judgment action and patent eligibility, respectively. The nonprecedential opinion addresses patent eligibility. Notably, all three opinions address patents asserted by United Services Automobile Association, and the two opinions addressing eligibility invalidate the asserted patents. Here are the introductions to the opinions.

In late April, the Federal Circuit issued its opinion in Marmen Inc. v. United States, a case we’ve been tracking because it attracted an amicus brief. In this case, Marmen appealed a judgment of the Court of International Trade, which sustained a final determination by the Department of Commerce of a 4.94% dumping margin for utility-scale wind towers from Canada. In an opinion authored by Judge Prost and joined by Judges Taranto and Chen, the Federal Circuit vacated the judgment and remanded the case for further proceedings. This is our opinion summary.

Late yesterday, the Federal Circuit released three nonprecedential orders. As we separately noted, in one of these orders the en banc Federal Circuit stayed the Court of International Trade’s injunctions of President Trump’s tariffs. In yesterday’s other two nonprecedential orders, the court dismissed appeals. This morning, the Federal Circuit released one precedential opinion and one nonprecedential opinion. The precedential opinion comes in a patent case, in which the court affirmed two final written decisions of the Patent Trial and Appeal Board. In the nonprecedential opinion, the court dismissed a case appealed from the Merit Systems Protection Board. Here are the introductions to the opinions and orders (other than yesterday’s en banc order, which can be found here) and links to the dismissals.

Late yesterday, the Federal Circuit issued an en banc nonprecedential order granting the motions filed by the United States for stays of the judgments and permanent injunctions entered by the Court of International Trade against President Trump’s Executive Orders imposing various tariffs. The court concluded that “a stay is warranted under the circumstances,” and that “these cases present issues of exceptional importance warranting expedited en banc consideration of the merits in the first instance.” Here is the full text of the order.

This morning the Federal Circuit released two nonprecedential opinions and one Rule 36 summary affirmance. The first nonprecedential opinion comes in an appeal from a decision of an arbitrator in a case in which a former employee of the Department of Veterans Affairs challenged her 90-day suspension and requirements she agree to random drug testing and the release of her medical records. The second nonprecedential opinion comes in an appeal from the Merit Systems Protection Board. Here are the introductions to the opinions and a link to the summary affirmance.

Late Friday, the Federal Circuit released a nonprecedential order dismissing an appeal. This morning, the Federal Circuit released two precedential opinions, nine nonprecedential opinions, and four Rule 36 judgments. The precedential opinions come in a patent case and a case involving a claim under the Public Safety Officers’ Benefits Act of 1976. The nonprecedential opinions come in various patent, veterans, and federal personnel cases. Here are the introductions to the opinions and links to the judgments and dismissals.

Late yesterday, the Federal Circuit released a nonprecedential order dismissing an appeal. This morning, the Federal Circuit released a precedential opinion in a vaccine case, affirming-in-part and reversing-in-part a decision of the Court of Federal Claims. The Federal Circuit also released five nonprecedential opinions, two in appeals from the Merit Systems Protection Board, one in an appeal from the Court of Appeals for Veterans Claims, one from the Court of Federal Claims, and one from the Armed Service Board of Contract Appeals. The Federal Circuit also released four nonprecedential orders dismissing appeals. Here are the introductions to the opinions and links to the dismissals.

Late yesterday, the Federal Circuit released a nonprecedential order dismissing an appeal. This morning, the Federal Circuit released three precedential opinions, three nonprecedential opinions, two Rule 36 judgments, and one nonprecedential order dismissing an appeal. Here are the introductions to the opinions and links to the summary affirmances and dismissals.

This morning, the Federal Circuit released two precedential opinions, two nonprecedential opinions, and two Rule 36 summary affirmances. Of the precedential opinions, one of the cases was a patent case appealed from a district court and the other was a case appealed from the Court of Federal Claims. Both of the nonprecedential opinions come in cases appealed from the Merit Systems Protection Board. Here are the introductions to the opinions and links to the summary affirmances.

This morning, the Federal Circuit released three nonprecedential orders dismissing appeals. Two of the orders were released in cases appealed from the Patent Trial and Appeal Board. One was released in a case appealed from a district court. Here are links to the dismissals.