FedCircuitBlog

This morning the Federal Circuit released a precedential order in a patent case granting a petition for a writ of mandamus and ordering the Western District of Texas to transfer the case to the Northern District of California. The Federal Circuit also released three nonprecedential orders dismissing appeals for failure to prosecute. Here is text from the order and links to the dismissals.

This morning the Federal Circuit released a precedential opinion in a case appealed from the Court of Federal Claims concerning attorney’s fees. In the opinion, the Federal Circuit explained why it vacated the award of attorney’s fees and remanded the case for a redetermination of the fees. The Federal Circuit also released three nonprecedential orders. Two transfer appeals to the Court of Appeals for the Second Circuit and one dismisses an appeal. Here is the introduction to the opinion, text from the orders, and a link to the dismissal.

Last week, the Supreme Court issued its opinion in Arellano v. McDonough, a veterans case that presented the Court with the opportunity to decide whether the one-year statutory deadline for seeking retroactive disability benefits may be equitably tolled. In a unanimous decision, the Court affirmed the Federal Circuit’s ruling, finding that the relevant section of the governing statute is not subject to equitable tolling. Justice Barrett authored the Court’s decision. This is our opinion summary. 

Late Friday and this morning, the Federal Circuit released six nonprecedential orders. One transfers an appeal to the Court of Appeals for the Second Circuit, one grants a motion to dismiss an appeal subject to reinstatement, and four dismiss appeals. The Federal Circuit also released a Rule 36 judgment and an erratum. Here is text from the orders and links to the dismissals, Rule 36 judgment, and erratum.

This morning the Federal Circuit released five nonprecedential orders dismissing appeals. Here are links to the dismissals.

This morning the Federal Circuit released a nonprecedential order dismissing an appeal. Here is a link to the dismissal.

This morning the Federal Circuit released a precedential opinion in a case appealed from the Court of Federal Claims. In the opinion, the Federal Circuit explains that it vacated the lower court’s decision granting judgment on the administrative record in favor of the government and remanded the case. Late yesterday and this morning, the Federal Circuit also released three nonprecedential orders dismissing appeals. Here is an introduction to the opinion and links to the dismissals.

This morning the Federal Circuit released a nonprecedential opinion affirming a judgment of the Northern District of Texas of noninfringement of two patents. Here is the introduction to the opinion.

This morning the Federal Circuit released two precedential opinions in separate cases appealed from the Court of Appeals for Veterans Claims. In the first precedential opinion, the Federal Circuit affirms the Veterans Court’s denial of a request to exclude certain payments in calculating a veteran’s non-service-connected pension. In the second precedential opinion, the Federal Circuit affirms the Veterans Court’s conclusion that a veteran is barred from receiving reimbursement for specific medical treatment. The Federal Circuit also released a nonprecedential opinion in another veterans case appealed from the Court of Appeals for Veterans Claims. Finally, the Federal Circuit released a nonprecedential order denying a petition for a writ of mandamus seeking to transfer an appeal from the Western District of Texas to the Eastern District of Michigan. Here are the introductions to the opinions and text from the order.

This morning the Federal Circuit released one precedential opinion and two nonprecedential opinions. The precedential opinion comes in a patent case appealed from the Eastern District of Texas. In it, the Federal Circuit affirmed the district court’s determination that a patent is unenforceable based on prosecution laches. Notably, Judge Stark filed a dissenting opinion. The two nonprecedential opinions come in separate patent cases appealed from the Patent Trial and Appeal, both involving the same parties. In each opinion, Judge Lourie filed additional views and Judge Stark filed a concurring opinion, both addressing the argument the Supreme Court overruled the Federal Circuit’s approach to obviousness with respect to design patents. Late yesterday and this morning, the Federal Circuit also released six nonprecedential orders dismissing appeals. Here are the introductions to the opinions and links to the dismissals.