Opinions

Opinions & Orders – December 29, 2020

This morning the Federal Circuit issued one precedential opinion in a patent case addressing ineligibility and a motion for leave to file an amended complaint and one nonprecedential opinion in a takings case appealed from the Court of Federal Claims. Here are the introductions to the opinions.

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Opinions

Opinions & Orders – December 28, 2020

This morning, the Federal Circuit issued a nonprecedential opinion in a vaccine case and a nonprecedential opinion in a patent case. Here are the introductions to the opinions.

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Opinions

Opinion Summary – Boeing Co. v. Secretary of the Air Force

Last week, the Federal Circuit decided Boeing Co. v. Secretary of the Air Force, a government contract case we have been following because it attracted an amicus brief. Judge Lourie authored a unanimous panel opinion reversing a denial of summary judgment by the Armed Services Board of Contract Appeals, vacating the Board’s entry of final judgment, and remanding. In particular, the Federal Circuit agreed with Boeing’s interpretation of a clause of the Defense Federal Acquisition Regulation Supplement as permitting marking of technical data provided to the government in a way that protects rights against use by third parties. This is our opinion summary.

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Opinions

Opinions & Orders – December 23, 2020

This morning, the Federal Circuit issued a precedential opinion in a government contracts case, a nonprecedential opinion in a veterans case, and a nonprecedential opinion in a patent case. The Federal Circuit also denied two petitions for writs of mandamus in two nonprecedential orders. Finally, the court granted a petition for a writ of mandamus in another nonprecedential order. The writ of mandamus vacates an order by the Western District of Texas to hold a patent case in its Waco Division rather than its Austin Division. Here are the introductions to the opinions and text from the orders.

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Opinions

Opinions & Orders – December 22, 2020

This morning the Federal Circuit issued two nonprecedential opinions: one in an appeal from the Merit Systems Protection Board and one in a veterans case. Additionally, the Federal Circuit issued one nonprecedential order denying a petition for a writ of mandamus. Here are the introductions to the opinions and text from the order.

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Opinions

Opinions & Orders – December 21, 2020

This morning, the Federal Circuit issued a precedential opinion in a case appealed from the Merit Systems Protection Board, a precedential opinion in a case appealed from the Armed Services Board of Contract Appeals, and a precedential opinion in a veterans case. The Federal Circuit also issued two nonprecedential opinions in a veterans case and a patent case. Here are the introductions to the opinions.

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Opinions

Opinions & Orders – December 18, 2020

This morning, the Federal Circuit issued a nonprecedential opinion in a government contracts case and a nonprecedential opinion in a patent case appealed from the International Trade Commission. The Federal Circuit also issued two Rule 36 judgments. Here are the introductions to the opinions and a list of the Rule 36 judgments.

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Opinions

Opinions & Orders – December 17, 2020

This morning, the Federal Circuit issued two precedential opinions: one in a veterans case and one in an international trade case. The Federal Circuit also issued three nonprecedential opinions: one in a patent case, one in a case involving the Tucker Act, and one in a veterans case. Finally, the Federal Circuit issued one nonprecedential order denying a petition for a writ of mandamus seeking a transfer of a patent case. Here are the introductions to the opinions and text from the order.

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En Banc Activity / Opinions

Opinion Summary – National Organization of Veterans Advocates, Inc. v. Secretary of Veterans Affairs

As we previously reported, last week the Federal Circuit issued an en banc opinion in National Organization of Veterans Advocates, Inc. v. Secretary of Veterans Affairs. After deciding that NOVA had standing and the court had jurisdiction over the case, the court held that a Federal Circuit rule setting a filing deadline for certain petitions was inconsistent with a federal statute and therefore invalid. Notably, to reach these conclusions, the court not only invalidated one of its rules but also overruled three of its cases. Here is our summary of the opinion.

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Opinions

Opinions & Orders – December 16, 2020

This morning, the Federal Circuit issued a nonprecedential opinion in a patent case and a Rule 36 judgment in a patent case. Here is the introduction to the opinion and a link to the Rule 36 judgment.

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