Opinions

Opinions & Orders – December 6, 2023

This morning, the Federal Circuit released one precedential opinion in a trade case appealed from the Court of International Trade and four nonprecedential opinions in pro se cases. The Federal Circuit also released four nonprecedential orders, three granting summary affirmances and one dismissing an appeal. Here are the introductions to the opinions and links to the orders.

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Opinions

Opinions & Orders – December 5, 2023

This morning, the Federal Circuit released two nonprecedential opinions, one nonprecedential order granting a summary affirmance, and two nonprecedential orders dismissing appeals. The opinions come in a case appealed from the Trademark Trial and Appeal Board and a case appealed from the Merit Systems Protection Board, respectively. Here are the introductions to the opinions and links to the summary affirmance and dismissals.

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Opinions

Opinions & Orders – December 4, 2023

This morning, the Federal Circuit released two precedential opinions in a trade case and a patent case, a nonprecedential order denying a petition for a writ of mandamus seeking to order a district court to vacate an order to produce certain documents, and three nonprecedential orders dismissing appeals. Here are the introductions to the opinions and the order denying the petition and links to the dismissals.

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Opinions

Opinions & Orders – November 30, 2023

This morning, the Federal Circuit released five nonprecedential orders on its website. One transfers a case to the Western District of Texas, while the other four dismiss appeals. Here are links to the orders.

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Opinions

Opinions & Orders – November 29, 2023

This morning, like yesterday, the Federal Circuit released only a single order, and again like yesterday it was a dismissal. We still have not seen any new opinions since last Wednesday. Here is a link to today’s dismissal.

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Opinions

Opinions & Orders – November 28, 2023

For the first time since last Wednesday, the Federal Circuit released an order (albeit still no opinions) this morning on its website. It is a dismissal. Here is a link to it.

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Opinions

Opinions & Orders – November 22, 2023

This morning, the Federal Circuit released a precedential opinion in a “rails-to-trials” takings case appealed from the Court of Federal Claims and a nonprecedential opinion in a trademark case appealed from the Trademark Trial and Appeal Board. Late yesterday the Federal Circuit also dismissed an appeal. Here are the introductions to the opinions and a link to the dismissal.

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Opinions

Opinions & Orders – November 21, 2023

This morning, the Federal Circuit released one precedential opinion, one nonprecedential opinion, and one nonprecedential order. The precedential opinion addresses an appeal from a judgment of the Patent Trial and Appeal Board finding certain claims unpatentable either for lack of written description or anticipation. Notably, the court affirmed the Board’s judgment despite arguments that the Board issued the final written decision after the statutory deadline and thus lacked jurisdiction. The nonprecedential opinion addresses a pro se appeal from a decision of the Merit Systems Protection Board. Finally, the order grants a motion for voluntary dismissal. Here are the introductions to the opinions and a link to the dismissal.

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Opinions

Opinions & Orders – November 20, 2023

Today, the Federal Circuit released one nonprecedential opinion and one nonprecedential order. The opinion addresses an appeal from two judgments of the Patent Trial and Appeal Board finding all challenged claims unpatentable as obvious. The order is a dismissal of an appeal. Here is the introduction to the opinion and a link to the dismissal.

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Opinions / Panel Activity

Opinion Summary – Solar Energy Industries Association v. United States

Last week, the Federal Circuit issued its opinion in Solar Energy Industries Association v. United States, a trade case we have been following because it attracted an amicus brief. In this case, the Federal Circuit reviewed a determination by the Court of International Trade that “the statutory authority to ‘modify’ a safeguard is limited to trade-liberalizing changes” and that Proclamation 10101 exceeded the President’s authority. In an opinion authored by Judge Stark joined by Judges Lourie and Taranto, the Federal Circuit reversed the judgment, holding that the “the President’s view that a ‘modification’ may include a change in a trade-restricting direction, and is not limited to trade-liberalizing changes, is not unreasonable.” This is our opinion summary.

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