This morning the Federal Circuit released a nonprecedential opinion in a patent case appealed from the Central District of California. The Federal Circuit also released two Rule 36 judgments. Here is the introduction to the opinion and links to the Rule 36 judgments.
Opinions & Orders – October 13, 2022
This morning the Federal Circuit released two precedential opinions. The first opinion comes in a patent case appealed from the Southern District of New York. In its opinion addressing patent eligibility, the Federal Circuit affirms the district court’s dismissal of assertions of infringement of two patents and reverses the district’s court’s dismissal of assertions of infringement of two different patents. Notably, Judge Hughes dissented in part. The second opinion comes in a case appealed from the Court of Federal Claims. In this opinion, the Federal Circuit affirms a decision that the Court of Federal Claims lacked subject-matter jurisdiction. Late yesterday, the Federal Circuit also released two nonprecedential orders granting motions to voluntarily dismiss appeals. Here are the introductions to the opinions and links to the dismissal.
Opinions & Orders – October 12, 2022
This morning the Federal Circuit released two nonprecedential opinions. The first comes in a case appealed from the Merit Systems Protection Board; the second comes in a veterans case appealed from the Court of Appeals for Veterans Claims. Here are the introductions to the opinions.
Opinions & Orders – October 11, 2022
The Federal Circuit did not release any opinions or orders this morning on its website.
Opinions & Orders – October 7, 2022
This morning the Federal Circuit released a nonprecedential opinion in a veterans case appealed from the Court of Appeals for Veterans Claims. Late yesterday and this morning, the Federal Circuit also released two nonprecedential orders granting motions to voluntarily dismiss appeals. Here is the introduction to the opinion and links to the dismissals.
Opinions & Orders – October 6, 2022
Late yesterday and this morning the Federal Circuit released a nonprecedential opinion in a veterans case appealed from the Court of Appeals for Veterans Claims; two nonprecedential orders dismissing appeals for failure to prosecute; and two Rule 36 judgments. Here is the introduction to the opinion and links to the dismissals and Rule 36 judgments.
Opinions & Orders – October 5, 2022
This morning the Federal Circuit released a nonprecedential opinion in a patent case appealed from the Western District of Pennsylvania; a nonprecedential order granting a motion to voluntarily dismiss an appeal; and two Rule 36 judgments. Here is the introduction to the opinion and links to the dismissal and Rule 36 judgments.
Opinion Summary – Memmer v. United States
Last week, the Federal Circuit issued its opinion in Memmer v. United States, a case we have been following because it attracted an amicus brief. In this case, Memmer appealed a decision by the Court of Federal Claims concerning a Notice of Interim Trail Use issued by the Surface Transportation Board. In the appeal, Memmer challenged the lower court’s decision that “the duration of the taking lasted as long as the railroad’s abandonment authority existed.” The United States cross-appealed to argue that the lower court “erred in holding that Appellants’ property was taken,” and in the alternative to argue that the takings concluded when the Notice of Interim Trail expired, resulting in a shorter period of time than the lower court found. In an opinion authored by Judge Schall and joined by Judges Lourie and Reyna, the Federal Circuit vacated-in-part and remanded-in-part the lower court’s decision. This is our opinion summary.
Opinions & Orders – October 4, 2022
This morning the Federal Circuit released a nonprecedential opinion in a case appealed from the Court of Federal Claims. Also, late yesterday the Federal Circuit released a nonprecedential order dismissing an appeal. Here is the introduction to the opinion and a link to the dismissal.
Opinions & Orders – October 3, 2022
Late Friday and this morning, the Federal Circuit released two nonprecedential orders dismissing appeals. Here are links to the dismissals.