FedCircuitBlog

The Federal Circuit recently issued its opinion in PrimeSource Building Products, Inc. v. United States, an international trade case we have been following because it attracted an amicus brief. In this case, the government appealed a determination by the Court of International Trade that the President exceeded his authority by issuing a proclamation outside a statutory time limitation. In an opinion authored by Judge Taranto and joined by Judges Chen and Stoll, the Federal Circuit reversed the judgment of the Court of International Trade. This is our opinion summary.

Late yesterday and today, the Federal Circuit released one precedential opinion, two nonprecedential opinions, and two nonprecedential orders. In the precedential opinion, the court lifted an injunction and affirmed a judgment in a patent case appealed from the District of Delaware. In the two nonprecedential opinions, the Federal Circuit reversed judgments in patent cases appealed from the Patent Trial and Appeal Board. Finally, in the two nonprecedential orders, the Federal Circuit dismissed cases appealed from the Patent Trial and Appeal Board. Here are the introductions to the opinions and links to the orders.

The morning the Federal Circuit released three nonprecedential opinions and a nonprecedential order. In the first opinion, the court affirmed a judgment of unpatentability in a case appealed from the Patent Trial and Appeal Board.  In the second opinion, the Federal Circuit affirmed a judgment of the Merit System Protection Board.  In the third opinion, the Federal Circuit affirmed a judgment in a patent case appealed from the Eastern District of Texas. The nonprecedential order issued by the Federal Circuit granted a motion to withdraw a petition for a writ of mandamus. Here is the introduction to the opinions and order.

Late last month, the Federal Circuit issued its opinion in Personalized Media Communications, LLC v. Apple, Inc., a case we have been following because it attracted an amicus brief. In this patent case, Personalized Media Communications challenged a district court’s decision to overturn a jury verdict based on the equitable doctrine of prosecution latches. In an opinion authored by Judge Reyna and joined by Judges Chen and Stark, the Federal Circuit affirmed the district court’s ruling.

This morning and late yesterday the Federal Circuit released one precedential opinion, two nonprecedential opinions, and three orders dismissing appeals. In the precedential opinion, the court affirmed a judgment of the Merit Systems Protection Board. In the first nonprecedential opinion, the court affirmed a judgment in a patent case appealed from Southern District of Texas that was dismissed for failure to state a claim. In the second nonprecedential opinion, the Federal Circuit affirmed a judgment in a patent case appealed from the Patent and Trademark Office. Here are the introductions to the opinions and link to the dismissals.

This morning the Federal Circuit released two nonprecedential opinions.  In the first, the court affirmed a military case appealed from the Court of Federal Claims. In the second, the Federal Circuit dismissed a veterans case appealed from the Court of Appeals for Veterans Claims. Here are the introductions to the opinions.

Last week, the Federal Circuit decided Adams v. United States, an employment case we have been following since the court scheduled an en banc hearing. The case presents the question of the relationship between COVID-19 and Hazardous Duty Pay (HDP) and Environmental Differential Pay (EDP) regulations, and in particular whether prison guards who come into contact with COVID-19 through either human to human contact or human contaminated mediums are entitled to EDP or HDP. Last week, the court issued a majority opinion affirming the Court of Federal Claims, which held that OPM’s regulations do not provide for HDP and EDP for working with or in proximity to individuals infected with COVID-19. According to the Federal Circuit, these veterans are entitled to a maximum of 36 months of benefits. Two judges dissented, however, arguing for reversal. Here is our summary of these opinions.

This morning the Federal Circuit released three precedential opinions. In the first, the court vacated a preliminary injunction and remanded a patent case appealed from the District of Nebraska. In the second, the Federal Circuit affirmed a judgment in a government contract case appealed from the Court of Federal Claims.  In the third, the Federal circuit affirmed a judgment in a patent case appealed from the Western District of Tennessee. The Federal Circuit also released two nonprecedential opinions. In the first, the court reversed-in-part, vacated-in-part, and remanded a patent case appealed from the District of Utah. In the second, the Federal Circuit affirmed another judgment in a patent case, this one appealed from the Southern District of Indiana. Here are the introduction to the opinions.

This morning the Federal Circuit released a nonprecedential opinion affirming a patent case appealed from the Southern District of New York. The Federal Circuit also released a nonprecedential order dismissing an appeal. Here is the introduction to the opinion and link to the dismissal.

This morning the Federal Circuit released a precedential opinion affirming a ruling of unpatentability as a result of the public use bar in a patent case appealed from the District of Delaware. The Federal Circuit also released three nonprecedential opinions. The first affirms a judgment in an inter partes review proceeding appealed from the Patent Trial and Appeal Board. The other two each dismiss a veterans case that was appealed from the Court of Appeals for Veterans Claims. Finally, the Federal Circuit released four nonprecedential orders dismissing appeals. Here are the introductions to the opinions and links to the dismissals.