FedCircuitBlog

Late yesterday, the Federal Circuit released three nonprecedential orders dismissing appeals. This morning, the court released one precedential opinion, one nonprecedential opinion, and four nonprecedential orders denying petitions for writs of mandamus. The precedential opinion comes in a trade case on appeal from the Court of International Trade. The nonprecedential opinion comes in a patent case addressing eligibility on appeal from a district court. Of the denials of petitions, three relate to petitions seeking to order the Patent Trial and Appeal Board to vacate non-institution decisions on petitions for inter partes review. Here are the introductions to the opinions and orders denying petitions, along with links to the dismissals.

This morning, the Federal Circuit released one nonprecedential opinion and two errata. The opinion comes in an appeal of judgment of patent invalidity and a dismissal of breach-of-contract claims. It discusses when a claim’s preamble should be construed as limiting and addresses indefiniteness regarding spatial terms. Here is the introduction to the opinion and links to the errata.

This morning the Supreme Court affirmed the Federal Circuit’s holding that the International Emergency Economic Powers Act did not authorize tariffs imposed by President Trump early in his administration. The Court decided the case by a vote of six to three, but it issued splintering opinions totaling 170 pages explaining various approaches to deciding the case. Chief Justice Roberts authored the opinion of the Court, which was joined by Justices Sotomayor, Kagan, Gorsuch, Barrett, and Jackson. In it, Chief Justice Roberts explains why the Court concluded that IEEPA does not authorize the President to impose tariffs. Other parts of the opinion authored by Chief Justice Roberts invoke the major questions doctrine as another basis to affirm the Federal Circuit, but those parts were joined only by Justices Gorsuch and Barrett. Beyond the opinion authored by Chief Justice Roberts, every other Justice except for Justices Sotomayor and Alito issued their own opinions:

• Justice Gorsuch filed an opinion explaining why he joined in full the opinion of Chief Justice Roberts, paying particular attention to the major questions doctrine.
• Justice Barrett filed an opinion responding to criticism from Justice Gorsuch about her view of the major questions doctrine.
• Justice Kagan filed an opinion joined by Justices Sotomayor and Jackson concluding that the Court need not address the major questions doctrine given the Court’s statutory interpretation.
• Justice Jackson filed an opinion invoking legislative history as another basis to support the Court’s statutory interpretation.
• Justice Thomas filed an opinion discussing his view that IEEPA is consistent with separation of powers.
• Justice Kavanaugh filed an opinion joined by Justices Thomas and Alito dissenting from the holding of the Court. This was the primary dissent.

Here are introductions and relevant excerpts of the various opinions.

This morning, the Federal Circuit released one precedential opinion and three nonprecedential opinions. The precedential opinion comes in a patent infringement case and reverses a finding of patent ineligibility. Two of the three nonprecedential opinions come in appeals of decisions of the Patent Trial and Appeal Board, while the third nonprecedential opinion comes in an appeal of a decision of the Court of Federal Claims in a vaccine case. Here are the introductions to the opinions.

Late yesterday, the Federal Circuit released a nonprecedential order dismissing an appeal. This morning, the court released one precedential opinion and two nonprecedential opinions. The precedential opinion comes in a patent infringement case, and the key claim at issue in the dispute was a means-plus-function limitation. One of the nonprecedential opinions also comes in another patent infringement case; the other nonprecedential opinion comes in an appeal of a decision of the Merit Systems Protection Board. Here are introductions to the opinions and links to the dismissal.

Late yesterday, the Federal Circuit released a nonprecedential order dismissing an appeal. This morning, the court released four nonprecedential opinions and two nonprecedential orders dismissing appeals. Two of the opinions come in appeals of decisions of the Patent Trial and Appeal Board involving the same parties; the other two opinions come in pro se appeals of decisions of the Patent Trial and Appeal Board also involving the same parties. Here are the introductions to the opinions and links to the dismissals.

This morning, the Federal Circuit released two precedential opinions and two nonprecedential orders. One of the opinions comes in a patent infringement case; the other comes in an appeal of a judgment of the Court of International Trade in a trade case. One of the orders grants the government’s motion for a summary affirmance in an appeal of final judgment of the Court of Federal Claims; the other is a dismissal. Here are the introductions to the opinions and first order and a link to the dismissal.

Happy President’s Day! As a result of the holiday, the Federal Circuit did not release any new opinions or orders this morning on its website.

This morning, the Federal Circuit released two precedential opinions. One of the opinions comes in a patent cases addressing claim construction. The other also comes in a patent case, this one challenging instructions the Director of the Patent and Trademark Office had given to the Patent Trial and Appeal Board related to its authority to decline petitions for inter partes review. The court also released three nonprecedential opinions. The first comes in an appeal of a decision of the Patent Trial and Appeal Board; the second comes in a patent infringement case and addresses an award of enhanced damages; and the third comes in a pro se appeal of a decision of the Court of Federal Claims. The Federal Circuit also released nine nonprecedential orders. Three transfer matters; three dismiss appeals; one remands a case; and two deny petitions for writs of mandamus. Finally, the court also released a Rule 36 judgment. Here are the introductions to the opinions and orders other than dismissals, along with links to the dismissals and Rule 36 judgment.

This morning, the Federal Circuit released two nonprecedential orders dismissing appeals. Here are links to the dismissals.