In early August, the Federal Circuit issued its opinion in Realtime Data LLC v. Array Networks Inc., a patent case we have been following because it attracted an amicus brief. In this case, the Federal Circuit reviewed a district court’s grant of a motion to dismiss for invalidity under 35 U.S.C. § 101. In an opinion by Judge Reyna joined by Judge Taranto, the Federal Circuit agreed with the district court. Judge Newman, however, filed a dissenting opinion. This is our opinion summary.
Opinions & Orders – August 18, 2023
Today, the Federal Circuit released a nonprecedential opinion in a patent case appealed from the Patent and Trademark Office. The opinion discusses why the court affirmed the invalidation of numerous claims of three patents for obviousness. The court also released a summary affirmance under Federal Circuit Rule 36 and a nonprecedential order dismissing an appeal. Here is the introduction to the opinion and links to the summary affirmance and dismissal.
Opinions & Orders – August 17, 2023
Today, the Federal Circuit released six nonprecedential orders: two order the transfer of cases to a district court, two grant motions for remand, one denies a motion to transfer to a district court, and one grants unopposed motions to voluntarily dismiss appeals. Here are the introductions to the orders and a link to the dismissal.
Opinions & Orders – August 16, 2023
Today, the Federal Circuit released one precedential opinion, three nonprecedential opinions, and three nonprecedential orders. The precedential opinion comes in an appeal from the Patent and Trademark Office and addresses whether a patent is unpatentable as anticipated by, or obvious in view of, asserted prior art. One of the nonprecedential opinions involves a pro se litigant seeking review of a final decision of the Merit System Protection Board. The second nonprecedential opinion, also litigated pro se, addresses an alleged violation of the First Amendment. The final nonprecedential opinion involves an appeal from a Patent Trial and Appeal Board decision regarding the patentability of claims. The three nonprecedential orders deny petitions for writs of mandamus. Here are the introductions to the opinions and orders.
Opinions & Orders — August 15, 2023
Today, the Federal Circuit released two nonprecedential opinions and three nonprecedential orders. The first opinion comes in a patent case appealed from the Patent Trial and Appeal Board and addresses obviousness. The second opinion comes in another patent case appealed from a district court and addresses several issues. Two of the orders dismiss appeals for failure to pay docketing fees and one dismisses for failure to file a brief within the permitted time. Here are the introductions to the opinions and links to the dismissals.
Opinions & Orders — August 14, 2023
This morning, the Federal Circuit released two nonprecedential opinions: one in a patent case addressing an appeal from a summary judgment of noninfringement and another in a trademark case addressing priority and likelihood of confusion. Here are the introductions to the opinions.
Opinions & Orders – August 11, 2023
This morning, the Federal Circuit released four opinions: a precedential opinion in a patent case addressing obviousness, a nonprecedential opinion in a pro se case addressing an appeal from the Court of Federal Claims related to subject matter jurisdiction, and two nonprecedential opinions in pro se cases appealed from the Merit Systems Protection Board. The Federal Circuit also released a nonprecedential order dismissing an appeal and a summary affirmance. Here are the introductions to the orders and links to the dismissal and the summary affirmance.
Opinion Summary – Teradata Corporation v. SAP SE
Last week, the Federal Circuit issued its opinion in Teradata Corporation v. SAP SE, a case we have been following because it attracted amicus briefs. In this case, the Federal Circuit considered an appeal asking it to review a district court’s grant of summary judgment dismissing tying and trade secret claims. In an opinion authored by Judge Taranto and joined by Judges Lourie and Hughes, the Federal Circuit transferred the appeal to the Court of Appeals for the Ninth Circuit. This is our opinion summary.
Opinions & Orders – August 10, 2023
This morning, the Federal Circuit released two nonprecedential opinions, one in a patent case addressing obviousness and one addressing jurisdiction in a case involving an appeal from the Court of Federal Claims. The Federal Circuit also released two nonprecedential orders, one transferring a case to a district court and another dismissing an appeal. Here are the introductions to the opinions, text from the order transferring a case, and a link to the dismissal.
Opinions & Orders – August 9, 2023
This morning, the Federal Circuit released a nonprecedential opinion in a veterans case addressing a claim for a service-connected disability. Late yesterday and today, the court also released three nonprecedential orders dismissing appeals and a Rule 36 summary affirmance. Here is the introduction to the opinion and links to the dismissals and the summary affirmance.