This morning The Federal Circuit released a precedential opinion in a patent case appealed from the Patent Trial and Appeal Board. In its opinion, the Federal Circuit affirms the Board’s decision to deny a motion to exclude evidence, vacates the Board’s decision as to the obviousness of certain claims, and remands the case for the limited purpose of addressing certain claim limitations. Here is the introduction to the opinion.
Opinions & Orders – September 26, 2022
This morning the Federal Circuit released a precedential order in a personnel case appealed from an arbitrator’s decision. In its opinion, the Federal Circuit reversed the arbitrator’s decision, which had upheld the petitioner’s termination, and remanded the case to the arbitrator based on a violation of the petitioner’s due process rights. The Federal Circuit also released nonprecedential opinions in two cases appealed from the Merit Systems Protection Board. Finally, the Federal Circuit released two nonprecedential orders. One dismisses an appeal and one transfers an appeal due to lack of jurisdiction. Here are the introductions to the opinions, text from the order, and a link to the dismissal.
Opinions & Orders – September 23, 2022
This morning the Federal Circuit released a precedential opinion in a trade case appealed from the Court of International Trade. In its opinion, the Federal Circuit affirmed the Court of International Trade’s judgment sustaining Commerce’s antidumping order. The Federal Circuit also released a nonprecedential order denying a writ of mandamus to transfer a patent infringement suit from the Western District of Texas to the Southern District of Florida. Here is the introduction to the opinion and text from the order.
Opinions & Orders – September 22, 2022
This morning the Federal Circuit released two nonprecedential opinions. The first comes in a patent case appealed from the Central District of California and addresses the on-sale bar; the second comes in a case appealed from the Merit Systems Protection Board. Here are the introductions to the opinions.
Opinions & Orders – September 21, 2022
This morning the Federal Circuit released a nonprecedential order granting a joint motion to voluntarily dismiss an appeal. Here is the text from the order.
Opinions & Orders – September 20, 2022
This morning the Federal Circuit released a precedential opinion granting-in-part a petition to review the interpretations by the Department of Veterans Affairs of two diagnostic codes used to award disability benefits. Notably, Judge Prost dissented. Here are the introductions to the opinions.
Opinions & Orders – September 19, 2022
The Federal Circuit did not release any opinions or orders this morning on its website.
Opinions & Orders – September 16, 2022
Late yesterday and this morning, the Federal Circuit released four nonprecedential orders. One vacates an order issued by the Court of Federal Claims and remands the case in view of a recent decision of the Supreme Court related to the constitutionality of a fee increase; one grants an unopposed motion to remand a case to the Patent Trial and Appeal Board based on an admission by the Director of the Patent and Trademark Office of error by the Board; one grants a joint motion to dismiss an appeal; and one dismisses an appeal for failure to prosecute. Here is the text from the orders and links to the dismissals.
Opinions & Orders – September 15, 2022
This morning the Federal Circuit released a precedential opinion in a patent case appealed from the Patent Trial and Appeal Board. In its opinion, the Federal Circuit affirmed the Board’s denial of motions to terminate and its unpatentability determinations. The Federal Circuit also released four nonprecedential orders. One transfers an appeal to the Court of Appeals for the District for the District of Columbia Circuit; one summarily affirms; and two dismiss appeals. Here is the introduction to the opinion, text from the orders, and links to the dismissals.
Opinions & Orders – September 14, 2022
This morning the Federal Circuit released a precedential opinion in a patent case appealed from the Eastern District of Virginia. In its opinion, the Federal Circuit affirmed the district court’s grant of summary judgment in favor of the U.S. Patent and Trademark Office. The Federal Circuit also released three nonprecedential orders. Two dismiss appeals and one denies a writ of mandamus to remand a case to the Court of Federal Claims. Here is the introduction to the opinion, text from the order, and links to the dismissals.