Opinions

Opinions & Orders – April 20, 2022

This morning the Federal Circuit issued two nonprecedential opinions. The first comes in a patent case appealed from the Patent Trial and Appeal Board. Notably, Judge Stoll wrote a separate opinion in this case concurring-in-part and dissenting-in-part. The second opinion comes in a veterans case appealed from the Court of Appeals for Veterans Claims. Finally, the Federal Circuit issued two nonprecedential orders this morning and late yesterday. The first summarily affirms a decision by the Trademark Trial and Appeal Board denying registration of a trademark, while the second grants an unopposed motion to voluntarily dismiss a case. Here are the introductions of the opinions and orders.

Read More
Opinions

Opinions & Orders – April 19, 2022

This morning the Federal Circuit issued two nonprecedential opinions in patent cases appealed from the Patent Trial and Appeal Board. Both opinions review findings that claims were obvious. The first opinion affirms the Board, while the second reverses. The court also issued a nonprecedential order dismissing a case. Here are the introductions to the opinions and order.

Read More
Opinions

Opinions & Orders – April 18, 2022

This morning the Federal Circuit issued two precedential opinions. The first comes in a patent case appealed from the Northern District of California. The second comes in an employment case appealed from the Merit Systems Protection Board. The Federal Circuit also released two nonprecedential orders concerning the court’s jurisdiction over appeals from the Board of Correction for Army Records and over interlocutory appeals from the Patent Trial and Appeal Board. Here are the introductions to the opinions and orders.

Read More
Opinions

Opinions & Orders – April 15, 2022

This morning the Federal Circuit issued two nonprecedential opinions. The first opinion comes in a death benefits case appealed from the Bureau of Justice Assistance. The second comes in two consolidated patent cases appealed from the District of Delaware. The court also released four nonprecedential orders. Two of the orders deny petitions for writs of mandamus against, respectively, the Court of Federal Claims and Eastern District of Texas. The third order grants a voluntary dismissal, and the fourth transfers a case to the Second Circuit. Here are the introductions to the opinions and orders.

Read More
Opinions

Opinions & Orders – April 14, 2022

This morning the Federal Circuit released four precedential opinions. The first comes in a government contract case appealed from the Civilian Board of Contract Appeals. The other three come in trade cases appealed from the Court of International Trade. The Federal Circuit also released two nonprecedential opinions, one in a trade case and the other in a patent case. Finally, the court released a nonprecedential order, a Rule 36 judgment, and an erratum. Here are the introductions to the opinions and orders.

Read More
Opinions

Opinions & Orders – April 13, 2022

This morning the Federal Circuit released three nonprecedential opinions. The first comes in a patent case appealed from the Patent Trial and Appeal Board; the second in a tax case appealed from the Court of Federal Claims; and the third in a veterans case appealed from the Court of Appeals for Veterans Claims. Here are the introductions to the opinions.

Read More
Opinions

Opinions & Orders – April 12, 2022

This morning the Federal Circuit released three nonprecedential opinions. The first comes in a veterans case appealed from the Court of Appeals for Veterans Claims. The second comes in a patent case appealed from the Patent Trial and Appeal Board. The third comes in a patent case appealed from the District of Nevada. The Federal Circuit also released two Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.

Read More
Opinions

Opinions & Orders – April 11, 2022

This morning the Federal Circuit released a precedential opinion in a patent case appealed from the District of Minnesota addressing numerous issues concerning validity and infringement. The Federal Circuit also released four nonprecedential opinions in patent, tax, and employment cases. Notably, in a patent case appealed from the Patent Trial and Appeal Board, Judge Newman wrote a dissenting opinion. Finally, the court issued six Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.

Read More
Opinions / Panel Activity

Opinion Summary – Wolfe v. McDonough

In March, the Federal Circuit issued its opinion in Wolfe v. McDonough, a case we have been following because it attracted an amicus brief. In this case, the Secretary of Veterans Affairs asked the Federal Circuit to reverse the Court of Appeals for Veterans Claims, which “granted a petition for a writ of mandamus filed by Wolfe on behalf of a class of claimants to invalidate 38 C.F.R. § 17.1005(a)(5) and require [the Department of Veterans Affairs] to readjudicate and grant claims for reimbursement of coinsurance and deductibles.” In a unanimous opinion authored by Judge Dyk and joined by Judges Reyna and Stoll, the Federal Circuit reversed the judgment of the Court of Appeals for Veterans Claims. Here is our opinion summary.

Read More
Opinions

Opinions & Orders – April 8, 2022

This morning the Federal Circuit released a precedential opinion in a patent case appealed from the District of Delaware. The case addresses issues related to direct infringement and inducement of infringement. Notably, Judge Newman wrote a dissenting opinion. The court also issued two nonprecedential opinions in employment and government contract cases appealed from the Merit Systems Protection Board and the Court of Federal Claims respectively. Finally, the Federal Circuit issued an erratum. Here are the introductions to the opinions and a link to the erratum.

Read More