FedCircuitBlog

This morning the Federal Circuit released two nonprecedential orders. One grants a joint motion to dismiss an appeal; one grants a motion to remand a case to the Merit Systems Protection Board. Here is text from the orders.

The Federal Circuit did not release any opinions or orders this morning on its website.

This morning the Federal Circuit released a precedential opinion in a patent case appealed from the Patent Trial and Appeal Board. The court affirmed the Board’s rejection of patent claims based on lack of subject matter eligibility. The Federal Circuit also released a nonprecedential order dismissing an appeal. Here is the introduction to the opinion and a link to the dismissal.

This morning the Federal Circuit released a nonprecedential opinion in a case appealed from the Court of Federal Claims. In the opinion, the Federal Circuit explains why it affirms a dismissal for lack of subject matter jurisdiction. Here is the introduction to the opinion.

Last week, the Federal Circuit issued its opinion in LaBonte v. United States, a case we have been following because it attracted an amicus brief. In this case, LaBonte filed suit in the Court of Federal Claims to challenge a denial by the Army Board for Correction of Military Records of his claim for a retroactive medical retirement. The Court of Federal Claims, however, dismissed Mr. LaBonte’s claim for failure to state a claim upon which relief could be granted, reasoning that the Board did not have authority to grant LaBonte the relief he was seeking. In an opinion authored by Judge Schall and joined by Judges Chen and Stoll, the Federal Circuit reversed and remanded the case. This is our opinion summary.

This morning the Federal Circuit released a nonprecedential order dismissing an appeal for failure to prosecute. Here is text from the order.

This morning the Federal Circuit released a precedential opinion in a patent case appealed from the District of Delaware. The Federal Circuit affirmed the district court’s judgment that an abbreviated new drug application (ANDA) does not infringe certain patent claims and also affirmed the district court’s denial of a declaratory judgment of infringement. Late yesterday the Federal Circuit also released two nonprecedential orders dismissing appeals. Here is the introduction to the opinion and links to dismissals.

This morning the Federal Circuit released a precedential opinion in a patent case appealed from the Western District of Texas. The Federal Circuit reversed-in-part, affirmed-in-part, and remanded. It reversed as to a specific claim, concluding that the district court erred in not applying inter partes review estoppel under 35 U.S.C. § 315(e)(2) as to that claim. It affirmed the district court’s denial of the plaintiff’s request to amend its selection of asserted claims to add claims not at issue in the inter partes review. Here is the introduction to the opinion.

This morning the Federal Circuit released a precedential order denying a petition for a writ of mandamus seeking to compel the United States Patent and Trademark Office to “accept and consider” requests for USPTO Director rehearing of decisions denying institution of inter partes review and post grant review. Notably, Judge Reyna wrote a concurring opinion. The Federal Circuit also released a nonprecedential order dismissing an appeal for failure to prosecute. Here is text from the orders.

The Federal Circuit did not release any opinions or orders this morning on its website.