FedCircuitBlog

This morning the Federal Circuit released three precedential opinions, one nonprecedential order, and a Rule 36 judgment. In the first opinion, the Federal Circuit affirmed in part, reversed in part, and remanded to the Northern District of California a case where Apple and other companies are challenging the U.S. Patent and Trademark Office’s so-called Fintiv factors and, in particular, in the decision whether to institute inter partes review proceedings the role of the pendency of district-court infringement litigation involving the same patents. In the second opinion, the court vacated and remanded a judgment in a patent case on appeal from the District of Delaware. In the third opinion, the Federal Circuit reversed and remanded a judgment in a case appealed from the Patent Trial and Appeal Board. Finally, the nonprecedential order dismisses an appeal. Here are the introductions to the opinions and links to the order and Rule 36 judgment.

This morning the Federal Circuit issued two nonprecedential opinions and a Rule 36 judgment. In the first opinion, the court dismissed an appeal from the Court of Appeals for Veterans Claims. In the second opinion, the Federal Circuit affirmed a judgment of the Patent Trial and Appeal Board. Here are the introductions to the opinions and a link to the Rule 36 judgment.

This morning the Federal Circuit issued one precedential opinion, three nonprecedential opinions, four nonprecedential orders, and a Rule 36 judgment. In the precedential opinion, the court vacated and remanded a case appealed from the Court of Federal Claims. In the first nonprecedential opinion, the Federal Circuit dismissed an appeal from the Court of Appeals for Veterans Claims. In the second nonprecedential opinion, the Federal Circuit affirmed a judgment of the Patent Trial and Appeal Board. And in the third nonprecedential opinion, the Federal Circuit affirmed a decision appealed from the Trademark Trial and Appeal Board. The Federal Circuit also issued four nonprecedential orders dismissing appeals. Here are the introductions to the opinions and links to the dismissals and Rule 36 judgment.

Late yesterday and this morning, the Federal Circuit released one precedential opinion and nine nonprecedential orders. In the precedential opinion, the court vacated and remanded a judgment appealed from the Court of Appeals for Veterans Claims. One of the nonprecedential orders denied a petition for appellate attorney fees and costs following a Federal Circuit decision reversing and remanding a judgment of the Merit Systems Protection Board. Two of the nonprecedential orders remand cases appealed from the Northern District of West Virginia. Finally, five of the nonprecedential orders dismiss appeals and one is an erratum. Here is the introduction to the opinion, text from the orders, and links to the dismissals and erratum.

Late last month, the Federal Circuit issued its opinion in Jazz Pharmaceuticals, Inc. v. Avadel CNS Pharmaceuticals LLC, a patent case that attracted an amicus brief. In this case, the Federal Circuit reviewed a determination by a district court that Jazz must request the Food and Drug Administration remove (or “delist”) one of its patents from the FDA’s so-called Orange Book because that patent was improperly listed. In an opinion authored by Judge Lourie and joined by Judges Reyna and Taranto, the Federal Circuit affirmed the district court’s judgment. This is our opinion summary.

The Federal Circuit recently issued its opinion in C.R. Bard, Inc. v. Medical Components, Inc., a patent case that includes both an appeal and a cross-appeal. In the appeal, the Federal Circuit reviewed a determination by a district court that Bard’s patent claims are directed to patent-ineligible printed matter under 35 U.S.C. § 101 and, moreover, lack an inventive concept. With respect to the cross-appeal, the court similarly considered whether MedComp’s patent claims are ineligible. In an opinion authored by Judge Hughes and joined by Judges Chen and Wallach, the court reversed the district court’s judgment in the lead appeal and vacated and remanded the district court’s judgmebnt in the cross-appeal. This is our opinion summary.

This morning the Federal Circuit issued two nonprecedential opinions, two nonprecedential orders, and a Rule 36 judgment. In the first nonprecedential opinion, the court dismissed an appeal from the Court of Appeals for Veterans Claims. In the second nonprecedential opinion, the Federal Circuit affirmed in part and dismissed in part another appeal from the Court of Appeals for Veterans Claims. In the first nonprecedential order, the Federal Circuit summarily affirmed a judgment of the Court of Federal Claims. In the second nonprecedential order, the Federal Circuit denied a petition for a writ of mandamus seeking to order the Court of Federal Claims to docket a complaint. Here are the introductions to the opinions, text from the orders, and a link to the Rule 36 judgment.

This morning the Federal Circuit released two precedential opinions and four nonprecedential orders. In the first precedential opinion, the court affirmed a case appealed from the Court of Appeals for Veterans Claims. Notably, Judge Newman dissented. In the second precedential opinion, the Federal Circuit affirmed a judgment appealed from the Patent Trial and Appeal Board. In two of the nonprecedential orders, the Federal Circuit denied petitions for writs of mandamus seeking to transfer cases from the Western District of Texas to the Northern District of California. One of the other nonprecedential orders, however, granted in part a petition for a writ of mandamus and, in particular, directed the Western District of Texas to decide a transfer motion. The last nonprecedential order dismissed an appeal. Here are the introductions to the opinions, text from the orders, and a link to the dismissal.

Late yesterday and this morning, the Federal Circuit issued three nonprecedential orders dismissing appeals. Here are links to the dismissals.

This morning the Federal Circuit released one precedential opinion and four nonprecedential orders. In the precedential opinion, the court affirmed a case appealed from the Court of International Trade. Three of the nonprecedential orders dismiss appeals and one is an erratum. Here is the introduction to the opinion and links to the dismissals and erratum.