FedCircuitBlog

The Federal Circuit did not release any opinions or orders today on its website given the federal holiday.

Late yesterday the Federal Circuit released one nonprecedential order dismissing a case. This morning the Federal Circuit released one nonprecedential opinion affirming a judgment of the Court of Federal Claims in a pro se case. Here is the introduction to the opinion and a link to the dismissal.

This morning the Federal Circuit released one precedential opinion, two nonprecedential opinions, and one nonprecedential order. The precedential opinion affirms the judgment of the Court of International Trade, which dismissed a case for lack of subject matter jurisdiction. The first nonprecedential opinion vacates judgments of non-infringement and invalidity and reverses an exceptional case finding in a patent case. The second nonprecedential opinion affirms a dismissal in a pro se case. The order is a dismissal. Here are the introductions to the opinions and a link to the dismissal.

This morning the Federal Circuit released three nonprecedential opinions. The first two come in veterans cases. The third comes in federal employment case appealed from the Merit Systems Protection Board. Here are the introductions to the opinions.

This morning the Federal Circuit released two precedential opinions, two nonprecedential opinions, and one nonprecedential order. The first precedential opinion comes in a patent case appealed from the District of Connecticut, while the second precedential opinion comes in a trade case appealed from the Court of International Trade. Both nonprecedential opinions affirm orders of the Merit Systems Protection Board. The nonprecedential order comes in a patent case involving a joint stipulation of voluntary dismissal. Here are the introductions to the opinions and text from the order.

The Federal Circuit did not release any opinions or orders today on its website.

This morning the Federal Circuit released two precedential opinions and one nonprecedential opinion. The first precedential opinion comes in a contract case and reverses and remands a final decision of the Court of Federal Claims. The second precedential opinion comes in a tax case “involv[ing] the procedural mechanisms for filing a tax refund for penalties under the Internal Revenue Code.” The nonprecedential opinion affirms-in-part, reverses-in-part, and dismisses-in-part a case addressing allegedl federal trade dress infringement and federal trademark liability for false designation of origin under the Lanham Act. Here are the introductions to the opinions.

The Federal Circuit issued its opinion yesterday in Crocs, Inc. v. Effervescent, Inc., a Lanham Act case that we have been watching because it attracted an amicus brief. In this case, the Federal Circuit reviewed a district court’s grant of summary judgment for Crocs against Dawgs’ counterclaim alleging false advertising violations of Section 43(a) of the Lanham Act. The district court granted summary judgment in favor of Crocs based on Supreme Court and Federal Circuit precedent it interpreted as legally barring Dawgs’ counterclaim. The Federal Circuit, however, reversed and remanded the judgment in an opinion authored by Judge Reyna that was joined by Judge Cunningham and Judge Alan Albright of the Western District of Texas, who sat by designation. This is our opinion summary.

This morning the Federal Circuit released one precedential opinion and three nonprecedential orders. The precedential opinion reverses and remands a patent case decided by the District of Colorado. Notably, the Federal Circuit held “that a cause of action arises” under Section 43(a)(1)(B) of the Lanham Act “where a party falsely claims that it possesses a patent on a product feature and advertises that product feature in a manner that causes consumers to be misled about the nature, characteristics, or qualities of its product.” The three orders are all dismissals. Here is the introduction to the opinion and links to the dismissals.

Late yesterday, the Federal Circuit released a nonprecedential order voluntarily dismissing an appeal. This morning, the Federal Circuit released one precedential opinion that affirms-in-part, reverses-in-part, and remands for further proceedings a patent case appealed from the Western District of Missouri. Here is the introduction to the opinion and a link to the dismissal.