Opinions

Opinions & Orders – January 28, 2022

This morning the Federal Circuit issued a precedential opinion in a trade case appealed from the Court of International Trade. The lower court applied an adverse inference against an importer regarding subsidies it had received due to the government of China’s lack of cooperation in the Department of Commerce’s investigation of the imported goods. The Federal Circuit’s opinion affirms the lower court’s application of the adverse inference. Here is the introduction to the opinion.  

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Opinions

Opinions & Orders – January 27, 2022

This morning the Federal Circuit issued a precedential opinion in a patent case appealed from the Northern District of California. The opinion reversed the district court’s determination that certain patent claims were invalid as indefinite. The Federal Circuit concluded the district court erred with respect to the legal standard for indefiniteness. Notably, Judge Dyk dissented. Here are the introductions to the opinion and dissent.

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Opinions

Opinions & Orders – January 26, 2022

This morning the Federal Circuit issued two nonprecedential opinions. The first opinion comes in a veterans case appealed from the Court of Appeals for Veterans Claims, and the second opinion comes in a patent case appealed from the Patent Trial and Appeal Board. The court also issued an erratum. Here are the introductions to the opinions and a link to the erratum.

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Opinions

Opinions & Orders – January 25, 2022

This morning the Federal Circuit issued a nonprecedential opinion in a patent case appealed from the Patent Trial and Appeal Board. The opinion affirms the Board’s decision that patent claims are not patentable but instead obvious under 35 U.S.C. § 103. The court also issued a Rule 36 judgment. Here is the introduction to the opinion and a link to the Rule 36 judgment.

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Opinions

Opinions & Orders – January 24, 2022

This morning the Federal Circuit issued two nonprecedential opinions. The first comes in a patent case also involving trade secrets. This case was appealed from the Central District of California. The second comes in an employment case appealed from the Merit Systems Protection Board. Here are the introductions to the opinions.

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Opinions

Opinions & Orders – January 21, 2022

This morning the Federal Circuit issued a precedential opinion in a patent case appealed from the International Trade Commission. The Federal Circuit vacated a judgment based on a claim construction adopted by the International Trade Commission and remanded the case. The court also issued a Rule 36 judgment. Here is the introduction to the opinion and a link to the Rule 36 judgment.

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Opinions

Opinions & Orders – January 20, 2022

This morning the Federal Circuit issued three precedential opinions. The first comes in a veterans case appealed from the Court of Appeals for Veterans Claims; the second comes in a takings case appealed from the Court of Federal Claims; and the third comes in a military discharge case appealed from the Court of Federal Claims. The Court also issued five nonprecedential opinions in various cases appealed from the Court of Federal Claims, the Merit Systems Protection Board, and the Court of Appeals for Veterans Claims. Here are the introductions to the opinions.

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Opinions

Opinions & Orders – January 19, 2022

This morning the Federal Circuit issued a precedential opinion in a whistleblower retaliation case appealed from the Merit Systems Protection Board. The court also issued three nonprecedential opinions. The first comes in a veterans case appealed from the Court of Appeals for Veterans Claims. The second comes in an employment case appealed from the Merit Systems Protection Board. And the third comes in a patent case appealed from the Patent Trial and Appeal Board. Notably, Judge Stoll dissented-in-part from the holding in the patent case. The court also issued a nonprecedential order granting a petition for a writ of mandamus, ordering the Eastern District of Texas to require transfer of a patent case. Finally, the court issued two Rule 36 judgments. Here are the introductions to the opinions and order and links to the Rule 36 judgments.

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Opinions

Opinions & Orders – January 18, 2022

This morning the Federal Circuit issued three nonprecedential opinions. The first opinion comes in a patent case appealed from the Patent Trial Appeal Board, while the second and third opinions come in employment cases appealed from the Merit Systems Protection Board. Finally, the court released three Rule 36 judgments and one erratum. Here are the introductions to the opinions and links to the Rule 36 judgments and erratum.

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Opinions

Opinions & Orders – January 17, 2022

The Federal Circuit did not release any opinions or orders this morning on its website in light of Martin Luther King Jr. Day.

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