This morning the Federal Circuit released one precedential opinion, three nonprecedential opinions, two nonprecedential orders, and one Rule 36 summary affirmance. The precedential opinion comes in a patent case appealed from the District of Delaware. The nonprecedential opinions come in two patent cases and one pro se case. Of the nonprecedential orders, one grants an unopposed motion by the U.S. Patent and Trademark Office to remand a case back to the Patent Trial and Appeal Board, while the other similarly grants a motion by the government to remand a case back to the Merit Systems Protection Board. Here are the introductions to the opinions and orders and a link to the summary affirmance.
Opinions & Orders – January 10, 2025
This morning the Federal Circuit released one precedential opinion, two nonprecedential opinions, and four nonprecedential orders. The precedential opinion comes in a patent case appealed from the District of Delaware. The nonprecedential opinions come in two pro se cases, one of which is a patent case. Of the nonprecedential orders, one summarily affirms a judgment of the Court of Federal Claims, which dismissed a complaint; one transfer a case; and two dismiss appeals. Here are the introductions to the opinions and links to the orders.
Opinions & Orders – January 9, 2025
The Federal Circuit did not release any opinions or orders on its website today its previous announcement that it would be closed today given the National Day of Mourning for President Carter.
Opinions & Orders – January 8, 2025
This morning the Federal Circuit released two nonprecedential opinions in pro se cases. Here are the introductions to the opinions.
Opinions & Orders – January 7, 2025
This morning the Federal Circuit released two precedential opinions, one in a copyright case and one in a trade case. The court also released three nonprecedential opinions, two in patent cases and one in a trade case. The court also released an erratum. Here are the introductions to the opinions and a link to the erratum.
Opinion Summary – City of Fresno v. United States
In December the Federal Circuit issued its opinion in City of Fresno v. United States, a takings case that attracted two amicus briefs. In this case, the Federal Circuit reviewed a dismissal by the Court of Federal Claims and a grant of summary judgment in favor of the United States. Parties to the California Central Valley Project sued the United States claiming they were entitled to water the United States failed to distribute after a drought in 2014. In an opinion authored by Judge Stark and joined by Chief Judge Moore and Judge Clevenger, the Federal Circuit affirmed the lower court’s dismissal and grant of summary judgment. This is our opinion summary.
Opinions & Orders – January 6, 2025
This morning the Federal Circuit released a precedential opinion in a case appealed from the Merit Systems Protection Board involving claims under the Uniformed Services Employment and Reemployment Rights Act. The court also released two nonprecedential opinions, one in a patent case appealed from the Patent Trial and Appeal Board and the other in a pro se case appealed from the Court of Federal Claims. Here are the introductions to the opinions.
Opinions & Orders – January 3, 2025
This morning the Federal Circuit released a precedential opinion in a trademark case and seven nonprecedential orders. One of the orders remands a case, and the others are all dismissals. Here are the introductions to the opinion and remand order and links to the dismissals.
Opinions & Orders – January 2, 2025
This morning the Federal Circuit released a precedential opinion in a patent case appealed from the Patent Trial and Appeal Board. Notably, Judge Stoll dissented from the majority’s decision to reverse a final written description that had declined to hold certain patent claims invalid as obvious. Here are the introductions to the majority and dissenting opinions.
Opinion Summary – Teva Branded Pharmaceutical Products R&D, Inc. v. Amneal Pharmaceuticals of New York, LLC
Late last month the Federal Circuit issued its opinion in Teva Branded Pharmaceutical Products R&D, Inc. v. Amneal Pharmaceuticals of New York, LLC, a patent case that attracted seven amicus briefs. In this case, Amneal alleged that Teva delayed the entry of generic products into the market by improperly listing certain patents in the Orange Book. The District of New Jersey agreed and required Teva to delist its patents from the Orange Book. Teva appealed, and the Federal Circuit stayed the lower courts order pending its resolution of the appeal. Late last month, in an opinion authored by Judge Prost and joined by Judge Taranto and Hughes, the Federal Circuit lifted the stay and affirmed the district court’s delisting order. This is our opinion summary.