Opinions

Opinions & Orders – August 30, 2023

This morning, the Federal Circuit released three nonprecedential opinions and one nonprecedential order. One opinion addresses an argument that the Patent Trial and Appeal Board adopted erroneous constructions of claim terms. Another opinion addresses an appeal from a summary judgment holding claims invalid for lack of eligibility. The final opinion, also from a patent case, addresses the enforceability of an arbitration agreement and a finding of indefiniteness. The nonprecedential order grants a voluntary dismissal. Here are the introductions to the opinions and a link to the dismissal.

Read More
Opinions

Opinions & Orders – August 29, 2023

Late yesterday, the Federal Circuit released three nonprecedential orders dismissing appeals. One dismissal was agreed upon by the parties. The remaining two dismissals were ordered for failure to pay docketing fees. The court did not release any orders or opinions this morning on its website. Here are links to the dismissals.

Read More
Opinions

Opinions & Orders – August 28, 2023

Today, the Federal Circuit released two opinions, one precedential and one nonprecedential, both in patent cases. The precedential opinion, which inspired six amici briefs, addresses obviousness-type double patenting. The nonprecedential opinion involves a consolidated appeal of two inter partes review decisions, which held all challenged claims invalid on grounds of obviousness. Here are the introductions to the opinions.

Read More
Opinions

Opinions & Orders – August 25, 2023

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

Read More
Opinions

Opinions & Orders – August 24, 2023

Today, the Federal Circuit released a precedential opinion, a nonprecedential opinion, and a nonprecedential order.  The precedential opinion comes in an appeal from the Patent Trial and Appeal Board, which held all claims of a patent unpatentable as obvious. The nonprecedential opinion similarly comes in an appeal from the Patent Trial and Appeal Board and addresses the patentability of claims. Finally, the nonprecedential order dismisses a petition for failure to submit an opening brief. Here are the introductions to the opinions and a link to the dismissal.

Read More
Opinions

Opinions & Orders – August 23, 2023

Today, the Federal Circuit released one nonprecedential opinion and two nonprecedential orders. The opinion involves an appeal from a judgment of the Court of Appeals for Veterans Claims denying the appellant compensation for hearing loss. The orders are dismissals. Here is the introduction to the opinion and the links to the dismissals.

Read More
Opinions

Opinions & Orders – August 22, 2023

Today, the Federal Circuit released one precedential opinion, two nonprecedential opinions, and five nonprecedential orders. The precedential opinion arises out of a government contracts case involving an agreement to design and build a military compound in Afghanistan. The opinion addresses whether the requirement that claims submitted under the Contract Disputes Act specify the precise dollar amount sought as relief is a jurisdictional requirement. A companion nonprecedential opinion addresses whether the Armed Services Board of Contract Appeals erred in partially dismissing a claim for lack of subject-matter jurisdiction based on the requirement. Another nonprecedential opinion released today resolves an appeal from a Patent Trial and Appeal Board decision regarding the patentability of claims. Each of the nonprecedential orders are dismissals. Here are the introductions to the opinions and links to the dismissals.

Read More
Opinions

Opinions & Orders – August 21, 2023

Today, the Federal Circuit released one nonprecedential opinion and three nonprecedential orders. The opinion addresses an appeal from a grant of summary judgment in which a district court held that a patent was ineligible for patenting. Specifically, the district court found that the claims at issue simply sought to automate prior art methods to minimize human error and replaced the human operator with a conventional machine. Two of the orders released today transfer cases, and one dismisses an appeal. Late last Friday, the Federal Circuit also released a nonprecedential order dismissing an appeal. Here are the introductions to the opinion and transfers and links to the dismissals.

Read More
Opinions / Panel Activity

Opinion Summary – Realtime Data LLC v. Array Networks Inc.

In early August, the Federal Circuit issued its opinion in Realtime Data LLC v. Array Networks Inc., a patent case we have been following because it attracted an amicus brief. In this case, the Federal Circuit reviewed a district court’s grant of a motion to dismiss for invalidity under 35 U.S.C. § 101. In an opinion by Judge Reyna joined by Judge Taranto, the Federal Circuit agreed with the district court. Judge Newman, however, filed a dissenting opinion. This is our opinion summary.

Read More
Opinions

Opinions & Orders – August 18, 2023

Today, the Federal Circuit released a nonprecedential opinion in a patent case appealed from the Patent and Trademark Office. The opinion discusses why the court affirmed the invalidation of numerous claims of three patents for obviousness. The court also released a summary affirmance under Federal Circuit Rule 36 and a nonprecedential order dismissing an appeal. Here is the introduction to the opinion and links to the summary affirmance and dismissal.

Read More