Opinions / Panel Activity

Opinion Summary – Thaler v. Vidal

Last week, the Federal Circuit issued its opinion in Thaler v. Vidal, a patent case we have been watching because it attracted amicus briefs. On appeal, Thaler sought review of a district court’s grant of summary judgment to the U.S. Patent and Trademark Office, which decided that an artificial intelligence machine cannot be an inventor under the Patent Act. In a unanimous opinion authored by Judge Stark and joined by Chief Judge Moore and Judge Taranto, the Federal Circuit affirmed the district court. This is our opinion summary.

Read More
Opinions

Opinions & Orders – August 12, 2022

This morning the Federal Circuit released two precedential opinions. The first comes in a veterans case appealed from the Court of Federal Claims; the second comes in a patent case appealed from the Patent Trial and Appeal Board. The Federal Circuit also released a nonprecedential opinion in another veterans case appealed from the Court of Appeals for Veterans Claims. Here are the introductions to the opinions.

Read More
Opinions

Opinions & Orders – August 11, 2022

This morning the Federal Circuit released three precedential opinions. The first comes in a trade case appealed from the Court of International Trade; the second comes in a patent case on remand from the Supreme Court; and the third comes in another patent case appealed from the Patent Trial and Appeal Board. The Federal Circuit also released three nonprecedential opinions. The first comes in another trade case appealed from the Court of International Trade; the second and third come from two veterans cases appealed from the Court of Appeals for Veterans Claims. Here are the introductions to the opinions.

Read More
Opinions

Opinions & Orders – August 10, 2022

This morning the Federal Circuit released a precedential opinion in a patent case appealed from the Patent Trial and Appeal Board. The Federal Circuit affirmed the Board’s decision to reject reissue claims. Here is the introduction to the opinion.

Read More
Opinions

Opinions & Orders – August 9, 2022

This morning the Federal Circuit released a precedential opinion in a case appealed from the Merit Systems Protection Board and a nonprecedential opinion in a case appealed from the Court of Federal Claims. The Federal Circuit also released two nonprecedential orders. One denies a writ of mandamus seeking disqualification of the district court judge; one denies a writ of mandamus to transfer an appeal from the Western District of Texas to the District of Massachusetts. Here are the introductions to the opinions and text from the orders.

Read More
Opinions

Opinions & Orders – August 8, 2022

This morning the Federal Circuit released a nonprecedential opinion in a patent case appealed from the Patent Trial and Appeal Board. The court also released four nonprecedential orders. Two summarily affirm; one grants a transfer to the Middle District of Georgia; and one grants a motion to dismiss an appeal for lack of jurisdiction. Finally, the Federal Circuit released a Rule 36 judgment. Here is an introduction to the opinion, text from the orders, and a link to the Rule 36 judgment.

Read More
Opinions

Opinions & Orders – August 5, 2022

This morning the Federal Circuit released a precedential opinion in a patent case appealed from the Eastern District of Virginia, concluding that the Patent Act requires an inventor to be a natural person. The Federal Circuit also released two nonprecedential orders. One dismisses an appeal for failure to prosecute; one grants the transfer of an appeal from the Eastern District of Pennsylvania to the Court of Appeals for the Third Circuit. Finally, the Federal Circuit released two Rule 36 judgments and an erratum. Here is the introduction to the opinion, text from the orders, and links to the Rule 36 judgments and erratum.

Read More
Opinions

Opinions & Orders – August 4, 2022

Late yesterday and this morning the Federal Circuit released four nonprecedential orders granting motions to voluntarily dismiss appeals. Here are the links to the dismissals.

Read More
Opinions

Opinions & Orders – August 3, 2022

This morning the Federal Circuit released four nonprecedential opinions. The first comes in a case appealed from the Merit Systems Protection Board; the second and third come from two separate veterans cases appealed from the Court of Appeals for Veterans Claims; the fourth comes in a patent case appealed from the District of Delaware. Notably, in the patent case, Judge Dyk filed a concurring opinion. Here are the introductions to the opinions.

Read More
Opinions

Opinions & Orders – August 2, 2022

This morning the Federal Circuit released a precedential opinion in a trade case appealed from the Court of International Trade; a nonprecedential opinion in a patent case appealed from the Patent Trial and Appeal Board; and a nonprecedential order dismissing an appeal. Here are the introductions to the opinions and a link to the dismissal.

Read More