Opinions

Opinions & Orders – August 23, 2023

Today, the Federal Circuit released one nonprecedential opinion and two nonprecedential orders. The opinion involves an appeal from a judgment of the Court of Appeals for Veterans Claims denying the appellant compensation for hearing loss. The orders are dismissals. Here is the introduction to the opinion and the links to the dismissals.

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Opinions

Opinions & Orders – August 22, 2023

Today, the Federal Circuit released one precedential opinion, two nonprecedential opinions, and five nonprecedential orders. The precedential opinion arises out of a government contracts case involving an agreement to design and build a military compound in Afghanistan. The opinion addresses whether the requirement that claims submitted under the Contract Disputes Act specify the precise dollar amount sought as relief is a jurisdictional requirement. A companion nonprecedential opinion addresses whether the Armed Services Board of Contract Appeals erred in partially dismissing a claim for lack of subject-matter jurisdiction based on the requirement. Another nonprecedential opinion released today resolves an appeal from a Patent Trial and Appeal Board decision regarding the patentability of claims. Each of the nonprecedential orders are dismissals. Here are the introductions to the opinions and links to the dismissals.

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Opinions

Opinions & Orders – August 21, 2023

Today, the Federal Circuit released one nonprecedential opinion and three nonprecedential orders. The opinion addresses an appeal from a grant of summary judgment in which a district court held that a patent was ineligible for patenting. Specifically, the district court found that the claims at issue simply sought to automate prior art methods to minimize human error and replaced the human operator with a conventional machine. Two of the orders released today transfer cases, and one dismisses an appeal. Late last Friday, the Federal Circuit also released a nonprecedential order dismissing an appeal. Here are the introductions to the opinion and transfers and links to the dismissals.

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Opinions / Panel Activity

Opinion Summary – Realtime Data LLC v. Array Networks Inc.

In early August, the Federal Circuit issued its opinion in Realtime Data LLC v. Array Networks Inc., a patent case we have been following because it attracted an amicus brief. In this case, the Federal Circuit reviewed a district court’s grant of a motion to dismiss for invalidity under 35 U.S.C. § 101. In an opinion by Judge Reyna joined by Judge Taranto, the Federal Circuit agreed with the district court. Judge Newman, however, filed a dissenting opinion. This is our opinion summary.

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Opinions

Opinions & Orders – August 18, 2023

Today, the Federal Circuit released a nonprecedential opinion in a patent case appealed from the Patent and Trademark Office. The opinion discusses why the court affirmed the invalidation of numerous claims of three patents for obviousness. The court also released a summary affirmance under Federal Circuit Rule 36 and a nonprecedential order dismissing an appeal. Here is the introduction to the opinion and links to the summary affirmance and dismissal.

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Opinions

Opinions & Orders – August 17, 2023

Today, the Federal Circuit released six nonprecedential orders: two order the transfer of cases to a district court, two grant motions for remand, one denies a motion to transfer to a district court, and one grants unopposed motions to voluntarily dismiss appeals. Here are the introductions to the orders and a link to the dismissal.

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Opinions

Opinions & Orders – August 16, 2023

Today, the Federal Circuit released one precedential opinion, three nonprecedential opinions, and three nonprecedential orders. The precedential opinion comes in an appeal from the Patent and Trademark Office and addresses whether a patent is unpatentable as anticipated by, or obvious in view of, asserted prior art.  One of the nonprecedential opinions involves a pro se litigant seeking review of a final decision of the Merit System Protection Board. The second nonprecedential opinion, also litigated pro se, addresses an alleged violation of the First Amendment. The final nonprecedential opinion involves an appeal from a Patent Trial and Appeal Board decision regarding the patentability of claims. The three nonprecedential orders deny petitions for writs of mandamus. Here are the introductions to the opinions and orders.

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Opinions

Opinions & Orders — August 15, 2023

Today, the Federal Circuit released two nonprecedential opinions and three nonprecedential orders. The first opinion comes in a patent case appealed from the Patent Trial and Appeal Board and addresses obviousness. The second opinion comes in another patent case appealed from a district court and addresses several issues. Two of the orders dismiss appeals for failure to pay docketing fees and one dismisses for failure to file a brief within the permitted time. Here are the introductions to the opinions and links to the dismissals.

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Opinions

Opinions & Orders — August 14, 2023

This morning, the Federal Circuit released two nonprecedential opinions: one in a patent case addressing an appeal from a summary judgment of noninfringement and another in a trademark case addressing priority and likelihood of confusion. Here are the introductions to the opinions.

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Opinions

Opinions & Orders – August 11, 2023

This morning, the Federal Circuit released four opinions: a precedential opinion in a patent case addressing obviousness, a nonprecedential opinion in a pro se case addressing an appeal from the Court of Federal Claims related to subject matter jurisdiction, and two nonprecedential opinions in pro se cases appealed from the Merit Systems Protection Board. The Federal Circuit also released a nonprecedential order dismissing an appeal and a summary affirmance. Here are the introductions to the orders and links to the dismissal and the summary affirmance.

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