FedCircuitBlog

This morning the Federal Circuit released a nonprecedential opinion in a government contract case appealed from the Court of Federal Claims. Last Friday and this morning the Federal Circuit also released three nonprecedential orders. One grants a motion to transfer a case to the Northern District of Alabama; one dismisses an appeal for lack of jurisdiction; and one grants an unopposed motion to voluntarily dismiss an appeal. Here is the introduction to the opinion, text from the order, and links to the dismissals.

Last week, we reported that the Federal Circuit issued a relatively rare opinion granting panel rehearing in a patent case, Novartis Pharmaceuticals v. Accord Healthcare Inc. In the original, now-vacated opinion, a panel comprised of Judges O’Malley and Linn, with Chief Judge Moore dissenting, indicated the court would affirm a district court’s judgment that claims are not invalid for inadequate written description. Notably, however, a different panel ruled on the motion for panel rehearing. In particular, with Judge O’Malley’s retirement from the court, Judge Hughes joined the panel. The new panel, and in particular Chief Judge Moore (no longer dissenting) and Judge Hughes, with Judge Linn now dissenting, granted the petition for panel rehearing, vacated the panel’s prior decision, and, in the new opinion, now reverse the district court’s judgment. Perhaps most importantly, the changed outcome reflects a difference of view regarding application of the written description requirement. Here is an update on the case.

This morning the Federal Circuit released a nonprecedential order granting a joint motion to voluntarily dismiss an appeal. Here is text from the order.

This morning the Federal Circuit released a nonprecedential opinion in a case appealed from the Merit Systems Protection Board, affirming the Board’s decision to dismiss a petition for enforcement of a settlement agreement. Notably, Judge Chen dissented. The Federal Circuit also released a nonprecedential order dismissing a petition for a writ of mandamus based on alleged lack of jurisdiction. Here is the introduction to the opinion and text from the order.

This morning the Federal Circuit released two precedential opinions. The first comes in a veterans case appealed from the Court of Appeals for Veterans Claims, vacating the Veterans Court’s decision and remanding the case. Notably, Judge Bryson wrote a dissent disagreeing with the majority’s analysis of causation. The second opinion comes in a trademark case appealed from the Trademark Trial and Appeal Board, reversing the Board’s decision. Notably, in the second case, Judge Reyna wrote a concurring opinion. Here are the introductions to the opinions.

This morning the Federal Circuit released two precedential opinions. The first comes in a veterans case appealed from the Court of Appeals for Veterans Claims; the second comes in a case appealed from the Western District of Wisconsin and reverses a contempt finding based on an alleged violation of protective order. Notably, in the second case, Judge Reyna filed a dissent. The Federal Circuit also released a precedential order sua sponte granting en banc consideration to a case appealed from the Court of Federal Claims. The Federal Circuit released a nonprecedential opinion in a trade case appealed from the Court of International Trade and three nonprecedential orders denying petitions for a writ of mandamus, denying a petition for a writ of control, and granting a motion for a summary affirmance. Here are the introductions to the opinions and text from the orders.

This morning the Federal Circuit released a nonprecedential opinion in a patent case appealed from the Patent Trial and Appeal Board. The Federal Circuit also released four nonprecedential orders. One summarily affirms; one dismisses an appeal for lack of jurisdiction; and two grant joint motions to voluntarily dismiss. Here is the introduction to the opinion, text from the summary affirmance, and links to the dismissals.

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

This morning the Federal Circuit released a precedential opinion in a patent case appealed from the Eastern District of Virginia, reversing in part, vacating in part, and remanding the case based on disqualification of the district court judge. Here is the introduction to the opinion.

This morning the Federal Circuit released a precedential opinion in a case appealed from the Court of Federal Claims concerning attorney’s fees; a nonprecedential opinion in a patent case appealed from the Southern District of California; and a nonprecedential order dismissing an appeal for failure to prosecute. Here are the introductions to the opinions and text from the order.