Opinions

Opinions & Orders – February 24, 2022

This morning the Federal Circuit issued six precedential opinions. The first comes in a patent case appealed from the District of Virginia. The second comes in a trademark case appealed from the Trademark Trial and Appeal Board. The third and fourth come in employment cases appealed from the Merit Systems Protection Board. The fifth and sixth come in Tucker Act and tax cases respectively appealed from the Court of Federal Claims. Finally, the court issues a nonprecedential opinion in a trademark case appealed from the Trademark Trial and Appeal Board. Here are the introductions to the opinions.

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Opinions

Opinions & Orders – February 23, 2022

This morning the Federal Circuit issued a nonprecedential opinion in a patent case appealed from the Northern District of California. The opinion addressed whether a patentee’s arguments during reexamination before the Patent and Trademark Office narrowed the scope of claims and nullified a prior district court judgment of infringement. Notably, Judge Dyk dissented in part. Here is the introduction to the majority opinion and dissenting opinion.

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Opinions

Opinions & Orders – February 22, 2022

This morning the Federal Circuit issued two precedential opinions in related cases appealed from the Court of Federal Claims. The first opinion addresses standing to bring takings claims against the Federal Housing Finance Agency. The second opinion also addresses standing but also subject matter jurisdiction. The Federal Circuit also issued a nonprecedential opinion in an employment case appealed from the Merit Systems Protection Board. Finally, the court issued an erratum. Here are the introductions to the opinions and a link to the erratum.

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Opinions

Opinions & Orders – February 21, 2022

Given that today is Presidents’ Day, the Federal Circuit did not release any opinions or orders this morning on its website.

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Opinions

Opinions & Orders – February 18, 2022

This morning the Federal Circuit issued a precedential opinion in a government contract case appealed from the Court of Federal Claims. The court also issued five nonprecedential opinions. Two came in patent cases appealed from the Patent Trial and Appeal Board. Two came in veterans cases appealed from the Court of Appeals for Veterans Claims. The last came in a government contract case appealed from the Armed Services Board of Contract Appeals. Here are the introductions to the opinions.

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Opinions

Opinions & Orders – February 17, 2022

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

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Opinions

Opinions & Orders – February 16, 2022

This morning the Federal Circuit issued a precedential opinion in an employment case appealed from the Merit Systems Protection Board. The court also released two nonprecedential 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 Court of Federal Claims and addresses issues related to spoliation of evidence. Finally, the Federal Circuit issued a Rule 36 judgment. Here are the introductions to the opinions and a link to the Rule 36 judgment.

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Opinions

Opinions & Orders – February 5, 2022

This morning the Federal Circuit issued a nonprecedential opinion in an employment case appealed from the Merit Systems Protection Board. The opinion addresses issues related to the jurisdiction of the MSPB. The court also issued four Rule 36 judgments. Here is the introduction to the opinion and links to the Rule 36 judgments.  

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Opinions

Opinions & Orders – February 14, 2022

This morning the Federal Circuit issued two nonprecedential opinions. The first comes in a case appealed from the Court of Federal Claims and addresses issues related to the jurisdiction of the Court of Federal Claims and the Federal Circuit. The second comes in a patent case appealed from the Eastern District of New York and addresses issues related to eligible subject matter. Here are the introductions to the opinions.

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Opinions

Opinions & Orders – February 11, 2022

This morning the Federal Circuit issued a precedential opinion in a patent case appealed from the Patent Trial and Appeal Board. The opinion addresses issues related to estoppel as a result of inter partes review. The court also issued two nonprecedential opinions in a patent and employment case, and a nonprecedential order denying a petition for en banc rehearing in a patent case. Notably, with respect to the order, Chief Judge Moore wrote a concurring opinion joined by Judges Newman, O’Malley, Taranto, and Chen, while Judge Prost wrote a dissenting opinion joined by Judges Dyk and Reyna. Finally, the court issued three nonprecedential orders denying and dismissing petitions for writs of mandamus and two Rule 36 judgments. Here are the introductions to the opinions and orders.

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