FedCircuitBlog

This morning the Federal Circuit issued a nonprecedential opinion in a patent case affirming in part and reversing in part a decision appealed from the United States Patent and Trademark Office in an inter partes review proceeding. Here is the introduction to the opinion.

This morning the Federal Circuit issued a precedential opinion in a veterans case, a nonprecedential opinion in a patent case addressing alleged contempt of a consent decree, and a precedential order granting three petitions for writs of mandamus in patent cases ordering the Western District of Texas to transfer the cases to the Northern District of California. Here are the introductions to the opinions and order.

This morning the Federal Circuit issued two nonprecedential opinions: one in a patent case appealed from a district court and the other in a veteran’s case appealed from the Court of Appeals for Veterans Claims. The court also issued two nonprecedential orders denying petitions for writs of mandamus: one regarding a stay of execution of a judgment in a patent case and the other regarding a motion to dismiss or transfer a patent case from the Western District of Texas to the Eastern District of Michigan. Here are the introductions to the opinions and orders.

This morning the Federal Circuit issued a nonprecedential opinion in a patent case affirming a decision of the United States District Court for the District of New Jersey related to the definiteness requirement. Here is the introduction to the opinion.

This morning the Federal Circuit issued a nonprecedential opinion in an inter partes review proceeding appealed from the Patent Trial and Appeal Board. The Federal Circuit affirmed the PTAB’s rejection of arguments certain claims were obvious in light of the prior art. Here is text from the opinion.

This past Monday, June 21, the Supreme Court decided United States v. Arthrex, Inc., Smith & Nephew, Inc. v. Arthrex, Inc., and Arthrex, Inc. v. Smith & Nephew, Inc. By a vote of five to four, the Court concluded that the statutory authority conferred upon the Patent Trial and Appeal Board to issue final decisions on behalf of the Executive Branch in inter partes review proceedings violates the Constitution’s Appointments Clause because the PTAB’s Administrative Patent Judges are not nominated by the President and confirmed by the Senate. Given this violation, the Court voted seven to two to sever the unconstitutional portion of the patent statute, giving the Director of the Patent and Trademark Office, who is nominated by the President and confirmed by the Senate, the power to review the PTAB’s decisions. Here is a summary of the Court’s opinions.

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

This morning the Federal Circuit issued a nonprecedential opinion in a patent case vacating a Patent Trial and Appeal Board’s determination of obviousness and remanding the case for reconsideration. Here is the introduction to the opinion.

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

This morning the Federal Circuit issued a nonprecedential opinion in a patent case appealed from the Patent Trial and Appeal Board; a nonprecedential order denying a petition for patent and en banc rehearing in a patent infringement case, along with a nonprecedential opinion by Judges Lourie, Prost, and Hughes concerning the denial of panel rehearing and the argument their panel decision changed the law of enablement; and three Rule 36 summary affirmances. Here are the introductions to the opinions and a list of the summary afirmances.