Opinions

Opinions and Orders – March 1, 2023

Late yesterday and this morning, the Federal Circuit released two nonprecedential opinions and five nonprecedential orders. In the first nonprecedential opinion, the court vacated and remanded a judgment of the Patent Trial and Appeal Board. In the second nonprecedential opinion, the Federal Circuit affirmed a judgment in an appeal from the District of Delaware. In two nonprecedential orders, the Federal Circuit denied petitions in cases originating in the Western District of Texas and the Eastern District of Texas. The three additional nonprecedential orders dismiss appeals. Here are the introductions to the opinions, text from the orders, and links to the dismissals.

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Opinions

Opinions and Orders – February 28, 2023

This morning the Federal Circuit released five nonprecedential orders dismissing appeals. Here are links to the dismissals.

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Opinions

Opinion Summary – Behrens v. United States

The Federal Circuit recently issued its opinion in Behrens v. United States, a takings case we have been following because it attracted amicus briefs. In the case, the Behrens appealed a determination by the Court of Federal Claims that the Behrens were not entitled to compensation because the scope of an easement was broad enough to encompass railbanking and the construction of a hiking and biking trail. In an opinion authored by Judge Dyk and joined by Judges Taranto and Hughes, the Federal Circuit reversed the judgment of the Court of Federal Claims and remanded the case. This is our opinion summary.

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Opinions

Opinions and Orders – February 27, 2023

This morning the Federal Circuit released one precedential opinion and two nonprecedential opinions.  In the precedential opinion, the court dismissed a case appealed from the Merit Systems Protection Board. In the first nonprecedential opinion, the court affirmed a judgment of the the Court of Federal Claims. In the second nonprecedential opinion, the Federal Circuit affirmed another judgment in an appeal from the Middle District of Florida.  Here are the introductions to the opinions.

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Opinions / Panel Activity

Opinion Summary – PrimeSource Building Products, Inc. v. United States

The Federal Circuit recently issued its opinion in PrimeSource Building Products, Inc. v. United States, an international trade case we have been following because it attracted an amicus brief. In this case, the government appealed a determination by the Court of International Trade that the President exceeded his authority by issuing a proclamation outside a statutory time limitation. In an opinion authored by Judge Taranto and joined by Judges Chen and Stoll, the Federal Circuit reversed the judgment of the Court of International Trade. This is our opinion summary.

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Opinions

Opinions and Orders – February 24, 2023

Late yesterday and today, the Federal Circuit released one precedential opinion, two nonprecedential opinions, and two nonprecedential orders. In the precedential opinion, the court lifted an injunction and affirmed a judgment in a patent case appealed from the District of Delaware. In the two nonprecedential opinions, the Federal Circuit reversed judgments in patent cases appealed from the Patent Trial and Appeal Board. Finally, in the two nonprecedential orders, the Federal Circuit dismissed cases appealed from the Patent Trial and Appeal Board. Here are the introductions to the opinions and links to the orders.

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Opinions

Opinions and Orders – February 23, 2023

The morning the Federal Circuit released three nonprecedential opinions and a nonprecedential order. In the first opinion, the court affirmed a judgment of unpatentability in a case appealed from the Patent Trial and Appeal Board.  In the second opinion, the Federal Circuit affirmed a judgment of the Merit System Protection Board.  In the third opinion, the Federal Circuit affirmed a judgment in a patent case appealed from the Eastern District of Texas. The nonprecedential order issued by the Federal Circuit granted a motion to withdraw a petition for a writ of mandamus. Here is the introduction to the opinions and order.

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Opinions

Opinion Summary – Personalized Media Communications, LLC v. Apple Inc.

Late last month, the Federal Circuit issued its opinion in Personalized Media Communications, LLC v. Apple, Inc., a case we have been following because it attracted an amicus brief. In this patent case, Personalized Media Communications challenged a district court’s decision to overturn a jury verdict based on the equitable doctrine of prosecution latches. In an opinion authored by Judge Reyna and joined by Judges Chen and Stark, the Federal Circuit affirmed the district court’s ruling.

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Opinions

Opinions and Orders – February 22, 2023

This morning and late yesterday the Federal Circuit released one precedential opinion, two nonprecedential opinions, and three orders dismissing appeals. In the precedential opinion, the court affirmed a judgment of the Merit Systems Protection Board. In the first nonprecedential opinion, the court affirmed a judgment in a patent case appealed from Southern District of Texas that was dismissed for failure to state a claim. In the second nonprecedential opinion, the Federal Circuit affirmed a judgment in a patent case appealed from the Patent and Trademark Office. Here are the introductions to the opinions and link to the dismissals.

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Opinions

Opinions and Orders – February 21, 2023

This morning the Federal Circuit released two nonprecedential opinions.  In the first, the court affirmed a military case appealed from the Court of Federal Claims. In the second, the Federal Circuit dismissed a veterans case appealed from the Court of Appeals for Veterans Claims. Here are the introductions to the opinions.

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