This morning the Federal Circuit released a nonprecedential opinion in a patent case appealed from the Patent Trial and Appeal Board.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 five Rule 36 judgments. Here is the introduction to the opinion and links to the Rule 36 judgments.
Opinions & Orders – January 17, 2023
This morning the Federal Circuit released a precedential order in a veterans case denying a combined petition for panel rehearing and rehearing en banc. Notably, Judge Dyk filed an opinion dissenting from the denial of the petition for rehearing en banc, and four other judges joined his opinion. The Federal Circuit also released three nonprecedential opinions, the first in a case appealed from the Court of Federal Claims; the second in a patent case addressing patent eligibility appealed from the District of Massachusetts; and the third in another patent case involving the same patent and appealed from the Northern District of California. Finally, the Federal Circuit released two Rule 36 judgments. Here is text from the order, the introductions to the opinions, and links to the Rule 36 judgments.
Opinions & Orders – January 13, 2023
This morning the Federal Circuit released two nonprecedential opinions in separate cases appealed from the Merit Systems Protection Board. The Federal Circuit also released a nonprecedential order dismissing an appeal and two Rule 36 judgments. Here are the introductions to the opinions and links to the dismissal and Rule 36 judgments.
Opinions & Orders – January 12, 2023
This morning the Federal Circuit released an opinion in a patent case appealed from the Southern District of Texas. In its opinion, the Federal Circuit affirms the district court’s claim construction as to one term, vacates its construction as to another term, and remands the case. The Federal Circuit also released a nonprecedential order dismissing an appeal and a Rule 36 judgment. Here is the introduction to the opinion and links to the dismissal and Rule 36 judgment.
Opinions & Orders – January 11, 2023
This morning the Federal Circuit released a nonprecedential opinion in a government contract case appealed from the Court of Federal Claims. The Federal Circuit also released a nonprecedential order dismissing an appeal. Here is the introduction to the opinion and a link to the dismissal.
Opinions & Orders – January 10, 2023
This morning the Federal Circuit released a precedential opinion in a government contract case appealed from the Court of Federal Claims. In it, the Federal Circuit affirmed a determination that the Court of Federal Claims lacked jurisdiction over the case. The Federal Circuit also released a nonprecedential order dismissing an appeal. Here is the introduction to the opinion and a link to the dismissal.
Opinion Summary – Secretary of Defense v. Raytheon Co.
Last week, the Federal Circuit issued its opinion in Secretary of Defense v. Raytheon Co., a government contract case that attracted an amicus brief. In this case, the government appealed a decision by the Armed Services Board of Contract Appeals relating to Raytheon’s compliance with Federal Acquisition Regulations regarding whether lobbying and acquisition and divesture costs may be passed on to the government. Specifically, the Board rejected the government’s argument that these costs should not be passed on to the government. In an opinion authored by Judge Prost and joined by Judges Moore and Taranto, the Federal Circuit reversed this ruling and remanded the case for a determination of the costs Raytheon must pay. This is our opinion summary.
Opinions & Orders – January 9, 2023
This morning the Federal Circuit released two precedential opinions. The first opinion comes in a patent case appealed from the Patent Trial and Appeal Board. In this opinion, the Federal Circuit vacates the Board’s affirmance of an examiner’s final rejection of claims. The second opinion comes in a veterans case appealed from the Court of Appeals for Veterans Affairs. In this opinion, the Federal Circuit affirms the denial of entitlement to service connection for a psychiatric disorder. The Federal Circuit also released six nonprecedential opinions. One denies a petition for a writ of mandamus to transfer a patent case from the Western District of Texas to the Northern District of California; one grants a petition for a writ of mandamus to undo an order by the Eastern District of Texas transferring two cases to the Central District of California; and four dismiss appeals. Here are the introductions to the opinions, text from the orders, and links to the dismissals.
Opinions & Orders – January 6, 2023
This morning the Federal Circuit released a precedential opinion in a patent case appealed from the Patent Trial and Appeal Board. In it, the Federal Circuit affirmed the Board’s judgment in an interference proceeding. The Federal Circuit also released a nonprecedential opinion in another patent case appealed from the Patent Trial and Appeal Board. Notably, both patent cases involve the same parties. Finally, the Federal Circuit released three nonprecedential orders dismissing appeals. Here are the introductions to the opinions and links to the dismissals.
Opinions & Orders – January 5, 2023
This morning the Federal Circuit released a precedential opinion in a trade case appealed from the Court of International Trade. In it, the Federal Circuit affirms the Trade Court’s judgment sustaining the Department of Commerce’s final determination in its investigation. Here is the introduction to the opinion.