Opinions

Opinions & Orders – July 24, 2023

This morning, the Federal Circuit released two opinions: a precedential opinion in a patent case addressing infringement and anticipation and a nonprecedential opinion in a pro se vaccine case we have been tracking because it attracted an amicus brief. Late last Friday, the court also released a nonprecedential order dismissing an appeal. Here are the introductions to the opinions and a link to the dismissal.

Read More
Opinions

Opinion Summary – Jenkins v. United States

Late last month, the Federal Circuit issued its opinion in Jenkins v. United States, a takings case we have been following because it attracted an amicus brief. In this case, the Federal Circuit reviewed a district court’s conclusion that it did not have jurisdiction over a due process claim and its grant of the government’s motion for summary judgment on a takings claim related to the seizure and withholding of vehicles as the result of a drug conspiracy investigation. In an opinion authored by Judge Dyk and joined by Judges Lourie and Stark, the Federal Circuit affirmed in part and vacated and remanded in part. In particular, the court held that “there is no police power exception that insulates the United States from takings liability for the period after seized property is no longer needed for criminal proceedings.” This is our opinion summary.

Read More
Opinions

Opinions & Orders – July 21, 2023

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

Read More
Opinions

Opinions & Orders – July 20, 2023

This morning, the Federal Circuit released a nonprecedential opinion in a case appealed from the Merit Systems Protection Board addressing untimeliness of a petition for review. Late yesterday and this morning, the court also released four nonprecedential orders dismissing appeals. Here is the introduction to the opinion and links to the orders.

Read More
Opinions

Opinion & Orders – July 19, 2023

This morning, the Federal Circuit released two nonprecedential opinions: one in a veterans case addressing service connection for disabilities and one in a pro se case appealed from the Merit Systems Protection Board and addressing untimeliness of a petition for review. Late yesterday and this morning, the court also released two nonprecedential orders dismissing appeals. Here are the introductions to the opinions and links to the orders.

Read More
Opinions

Opinions & Orders – July 18, 2023

This morning, the Federal Circuit released a nonprecedential opinion dismissing an appeal from the Court of Appeals for Veterans Claims for lack of jurisdiction. Here is the introduction to the opinion.

Read More
Opinions

Opinions & Orders – July 17, 2023

Late yesterday and this morning, the Federal Circuit released two nonprecedential orders, one denying a petition for a writ of mandamus seeking to order the Western District of Texas to promptly decide a motion to transfer and another dismissing an appeal. This morning, the Federal Circuit also released a summary affirmance in a case appealed from the Patent Trial and Appeal Board. Here is text from the order denying the petition for a writ of mandamus and links to the dismissal and the summary affirmance.

Read More
Opinions

Opinions & Orders – July 14, 2023

This morning, the Federal Circuit released three opinions: a precedential opinion in a patent case addressing patentable subject matter, a precedential opinion in another patent case addressing an interference involving first-inventor-to-file patents and first-to-invent applications, and a precedential opinion in a veterans case addressing eligibility for veterans benefits. The court also released a summary affirmance. Here are the introductions to the opinions and a link to the summary affirmance.

Read More
Opinions

Opinions & Orders – July 13, 2023

This morning the Federal Circuit released a nonprecedential opinion in a pro se case appealed from the Merit Systems Protection Board. The court also released two nonprecedential orders, one summarily affirming a judgment of the Court of Federal Claims and another denying a petition for a writ of mandamus. Additionally, the Federal Circuit released four summary affirmances. Here is the introduction to the opinion, text from the orders, and links to the summary affirmances.

Read More
Opinions

Opinions & Orders – July 12, 2023

This morning, the Federal Circuit released two opinions: a precedential opinion in a patent case addressing the patentability of reissue claims and a nonprecedential opinion addressing the Court of Federal Claims’ subject matter jurisdiction. The court also released two summary affirmances. Here are the introductions to the opinions and links to the summary affirmances.

Read More