This morning, the Federal Circuit released two precedential opinions, two nonprecedential opinions, and a Rule 36 judgment. In the two precedential opinions, the court affirmed a judgment appealed from the Court of Appeals for Veterans Claims and reversed a judgment of the Trademark Trial and Appeal Board. In the two nonprecedential opinions, the Federal Circuit affirmed an arbitrator’s judgment and affirmed a judgment of the Merit Systems Protection Board. Here are the introductions to the opinions and link to the Rule 36 judgment.
Opinions and Orders – April 3, 2023
Late Friday and this morning, the Federal Circuit issued two precedential opinions and a nonprecedential order. In the first opinion, the court affirmed a judgment of the Merit Systems Protection Board. In the second opinion, the Federal Circuit affirmed-in-part, vacated-in-part, and remanded a judgment in a patent case appealed from the Western District of Washington. Notably, Judge Clevenger dissented. The Federal Circuit also issued a nonprecedential order dismissing an appeal. Here are the introductions to the opinions and link to the dismissal.
Opinions and Orders – March 31, 2023
This morning, the Federal Circuit released two precedential opinions and two nonprecedential opinions. In the first precedential opinion, the court affirmed a judgment of the Patent Trial and Appeal Board. In the second precedential opinion, the Federal Circuit affirmed a judgment of the International Trade Commission. In the first nonprecedential opinion, the Federal Circuit vacated and remanded a judgment of the Eastern District of Texas in a patent case with instructions to dismiss the case as moot. In the second nonprecedential opinion, the Federal Circuit affirmed another judgment of the Patent Trial and Appeal Board. Here are the introductions to the opinions.
Opinions and Orders – March 30, 2023
Late yesterday and this morning, the Federal Circuit released a nonprecedential opinion and four nonprecedential orders. In the opinion, the court affirmed a judgment appealed from the Patent Trial and Appeal Board. The four nonprecedential orders dismiss appeals. Here is the introduction to the opinion and links to the dismissals.
Opinions and Orders – March 29, 2023
The Federal Circuit did not release any opinions or orders this morning on its website.
Opinions and Orders – March 28, 2023
This morning, the Federal Circuit released three nonprecedential orders. In the first order, the court granted a motion for summary affirmance in a case appealed from the Court of Federal Claims. In the second order, the Federal Circuit granted a motion for remand in a case appealed from the Merit Systems Protection Board. Finally, the third order dismissed an appeal. Here is text from the first two orders and a link to the dismissal.
Opinions and Orders – March 27, 2023
This morning, the Federal Circuit released four nonprecedential orders. In the first order, the court granted a petition to transfer an appeal from the Southern District of California to the Ninth Circuit. The other three nonprecedential orders dismiss appeals. Here is text from the order transferring the appeal and links to the dismissals.
Opinions and Orders – March 24, 2023
This morning, the Federal Circuit released a nonprecedential opinion. In it, the court affirmed a judgment in a case appealed from the Court of Appeals for Veterans Claims. Notably, Judge Mayer dissented. Here are the introductions to the majority and dissenting opinions.
Opinion Summary – Apple v. Vidal
Last week, the Federal circuit issued its opinion in Apple Inc. v. Vidal. In this case, the Federal Circuit reviewed a determination by a district court that 35 U.S.C. § 314(d) precluded judicial review of certain factors (the so-called Fintiv factors) adopted by the Director of the Patent and Trademark Office to govern decisions whether to institute inter partes review of patents. In an opinion authored by Judge Taranto and joined by Judges Lourie and Stoll, the Federal Circuit affirmed in part, reversed in part, and remanded. This is our opinion summary.
Opinions and Orders – March 23, 2023
This morning, the Federal Circuit released three nonprecedential orders. In the first order, the court granted a petition for permission to appeal an order of the United States Court of Federal Claims. In the second order, the Federal Circuit denied a petition for a writ of mandamus seeking to order the Western District of Texas to transfer a case. In the third order, the Federal Circuit denied a petition for a writ of mandamus seeking to order the Patent Trial and Appeal Board to terminate an inter partes review proceeding. Here are the introductions to the orders.