FedCircuitBlog

Late yesterday, the Federal Circuit released two nonprecedential orders, each dismissing an appeal. This morning, the Federal Circuit released two nonprecedential orders, each granting a motion to withdraw an appeal. Here is the introduction to the substantive nonprecedential order dismissing an appeal and a link to the other nonprecedential orders.

Late yesterday, the Federal Circuit released a precedential order sua sponte granting en banc review of an appeal from the Court of Federal Claims. In the order, the Federal Circuit requests new briefing related to the effect of the Supreme Court’s decision in Loper Bright Enterprises v. Raimondo. This morning, the Federal Circuit released four precedential opinions, one nonprecedential opinion, three nonprecedential orders, and an errata. Of the precedential opinions, one comes in a patent case, one comes in a trademark case, one comes in a government contract case, and the other comes in a veterans case. The lone nonprecedential opinion comes in a pro se appeal. Of the nonprecedential orders, one grants a motion to summarily affirm and the other two dismiss appeals. Here are the introductions to the opinions and orders as well as links to the errata and dismissals.

This morning, the Federal Circuit released one precedential opinion and five nonprecedential orders. The lone nonprecedential opinion comes an appeal from a decision of the International Trade Commission. Of the nonprecedential orders, three transfer cases and two dismiss appeals. Here is the introduction to the opinion and links to the orders.

Late Friday, the Federal Circuit released a nonprecedential order granting a motion to voluntarily dismiss an appeal. This morning, the Federal Circuit released one nonprecedential opinion and one nonprecedential order. The lone nonprecedential opinion comes in a pro se case on appeal from the Merit Systems Protection Board. The lone nonprecedential order dismisses an appeal. Here is the introduction to the opinion and links to the orders.

This morning, the Federal Circuit released one precedential opinion and four nonprecedential opinions. The lone precedential opinion comes in a patent case on appeal from the Northern District of West Virginia. Of the nonprecedential opinions, two come in patent cases on appeal from the Patent Trial and Appeal Board, one comes in a case on appeal from the Merit Systems Protection Board, and the other comes in a veterans case. Here are the introductions to the opinions.

Last week the Supreme Court issued its opinion in Bufkin v. Collins, a veterans case. In this case, the Supreme Court reviewed the Federal Circuit’s conclusion that the Veterans Court did not err by “tak[ing] due account” of the Department of Veterans Affair’s application of the benefit-of-the-doubt rule and applying a clear error standard of review for factual issues. In a decision authored by Justice Thomas, the Supreme Court affirmed the Federal Circuit’s ruling. The Court held that the Veterans Court reviews the VA’s application of the benefit-of-the-doubt rule by reviewing legal issues de novo and factual issues for clear error, and that the VA’s determination that the evidence is in approximate balance is a predominantly factual determination reviewed only for clear error. Notably, Justice Jackson dissented, joined by Justice Gorsuch. This is our opinion summary.

This morning, the Federal Circuit released two precedential opinions, three nonprecedential opinions, one nonprecedential order, two summary affirmances, and one errata. Both precedential opinions come in patent cases. Of the nonprecedential opinions, two come in patent cases and the other comes in a government contract case. The lone nonprecedential order dismisses an appeal. Here are the introductions to the opinions and links to the summary affirmances, order, and errata.

Last week, the Federal Circuit released its opinion in Restem, LLC v. Jadi Cell, LLC, a patent case that attracted an amicus brief. In this case, Restem appealed a determination by the Patent Trial and Appeal Board that it failed to prove claims in Jadi Cell’s patent were unpatentable. The Federal Circuit, in an opinion authored by Chief Judge Moore and joined by Judges Schall and Taranto, affirmed the PTAB’s determination. This is our opinion summary.

This morning, the Federal Circuit released one precedential opinion, one nonprecedential opinion, and one nonprecedential order. The precedential opinion comes in a trademark case on appeal from the Trademark Trial and Appeal Board, the nonprecedential opinion in an appeal from the Merit Systems Protection Board, and the nonprecedential order dismisses an appeal. Here are the introductions to the opinions and a link to the order.

This morning, the Federal Circuit released three nonprecedential opinions and three nonprecedential orders. Of the nonprecedential opinions, two come in pro se cases and the other comes in a vaccine case on appeal from the Court of Federal Claims. Of the nonprecedential orders, one remands a case and the other two dismiss appeals. Here are the introductions to the opinions and links to the orders.