Opinions

Opinions & Orders – April 4, 2022

This morning the Federal Circuit released a precedential opinion in a patent case appealed from the District of Massachusetts. The opinion vacates and remands based on the finding of an incorrect claim construction ruling by the district court. The Federal Circuit also released two nonprecedential orders. The first order deconsolidates cases appealed from the Patent Trial and Appeal Board, dismisses some of the cases, and informs the parties how they are to proceed on the remainder of the cases. The second order summarily affirms a dismissal by the Court of Federal Claims of a case for failure to pay the docketing fee. Here are the introductions to the opinion and orders.

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Opinions

Opinions & Orders – April 1, 2022

This morning the Federal Circuit released a precedential opinion in a patent case appealed from the Western District of Washington. The opinion describes that the Federal Circuit reversed the judgment and remanded the case due to an incorrect claim construction ruling. The court also released two nonprecedential opinions in a patent case appealed from the Patent Trial and Appeal Board and a veterans case appealed from the Court of Appeals for Veterans Claims. Finally, the court issued three nonprecedential orders. Two of the orders dismiss cases for untimely filings, and one grants an unopposed motion to remand for arbitration. Here are the introductions to the opinions and orders.

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Opinions

Opinions & Orders – March 31, 2022

This morning the Federal Circuit released a precedential opinion in a case appealed from the Court of Federal Claims. The Federal Circuit agreed that a claim was barred by a six-year statute of limitations. Notably, Judge Newman dissented. The court also released a nonprecedential opinion in a veterans case appealed from the Court of Appeals for Veterans Claims. Here are the introductions to the opinions.

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Opinions

Opinions & Orders – March 30, 2022

This morning the Federal Circuit released two precedential opinions. The first opinion comes in a veterans case and addresses the prejudicial error analysis conducted by the Court of Appeals for Veterans Claims. The second opinion comes in an international trade case and addresses a tariff classification. Finally, the court late in the day yesterday released two nonprecedential orders dismissing cases. Here are the introductions to the opinions and orders.

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Opinions / Panel Activity

Opinion Summary – Monroe v. United States

On March 16, the Federal Circuit issued its opinion in Monroe v. United States, an Equal Access to Justice Act case we have been following because it attracted an amicus brief. On appeal from the United States Court of Federal Claims, the United States asked the Federal Circuit to overrule what it characterized as an abuse of discretion by the trial court in ordering it to pay the plaintiff’s attorneys’ fees and expenses. Monroe, for his part, maintained he “prevailed at each procedural stage of the litigation” and, as result, “a fully compensatory fee award was warranted.” The National Veterans Legal Services Program filed an amicus brief in support of Monroe. The Federal Circuit, however, agreed with the government and reversed the Court of Federal Claims. This is our opinion summary.

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Opinions

Opinions & Orders – March 29, 2022

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

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Opinions

Opinions & Orders – March 28, 2022

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

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Opinions / Panel Activity

Order Summary – In re Volkswagen Group of America, Inc.

On March 9, the Federal Circuit issued an order granting petitions for writs of mandamus in In re Volkswagen Group of America, Inc. and In re Hyundai Motor America, patent cases we have been following because they attracted amicus briefs. In the order, the Federal Circuit held that the Western District of Texas committed a clear abuse of discretion “for erroneously interpreting governing law and reaching a patently erroneous result” when that court denied motions to dismiss or transfer. Here is a summary of Federal Circuit’s order.

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Opinions

Opinions & Orders – March 25, 2022

This morning the Federal Circuit issued a precedential opinion granting in part and dismissing in part a petition to review a final rule promulgated by the Department of Veterans Affairs. The court also released two nonprecedential opinions in patent cases appealed from the Eastern District of Virginia and the Central District of California. Finally, late yesterday the court issued two nonprecedential orders dismissing cases for failure to prosecute. Here are the introductions to the opinions and orders. 

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Opinions

Opinions & Orders – March 24, 2022

This morning the Federal Circuit issued a precedential opinion in a patent case appealed from the Western District of Texas. The opinion reversed a finding of invalidity. The court also issued four nonprecedential opinions in patent cases appealed from the Patent Trial and Appeal Board. Notably, in the fourth case, Judge Prost wrote a concurring opinion to explain that had a patentability challenge been preserved it likely would have succeeded. Finally, the court issued three nonprecedential orders concerning, respectively, a dismissal for failure to prosecute and two voluntary dismissals. Here are the introductions to the opinions and orders.

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