Opinions

Opinion Summary – Teradata Corporation v. SAP SE

Last week, the Federal Circuit issued its opinion in Teradata Corporation v. SAP SE, a case we have been following because it attracted amicus briefs. In this case, the Federal Circuit considered an appeal asking it to review a district court’s grant of summary judgment dismissing tying and trade secret claims. In an opinion authored by Judge Taranto and joined by Judges Lourie and Hughes, the Federal Circuit transferred the appeal to the Court of Appeals for the Ninth Circuit. This is our opinion summary.

Read More
Opinions

Opinions & Orders – August 10, 2023

This morning, the Federal Circuit released two nonprecedential opinions, one in a patent case addressing obviousness and one addressing jurisdiction in a case involving an appeal from the Court of Federal Claims. The Federal Circuit also released two nonprecedential orders, one transferring a case to a district court and another dismissing an appeal. Here are the introductions to the opinions, text from the order transferring a case, and a link to the dismissal.

Read More
Opinions

Opinions & Orders – August 9, 2023

This morning, the Federal Circuit released a nonprecedential opinion in a veterans case addressing a claim for a service-connected disability. Late yesterday and today, the court also released three nonprecedential orders dismissing appeals and a Rule 36 summary affirmance. Here is the introduction to the opinion and links to the dismissals and the summary affirmance.

Read More
Opinions

Opinions & Orders – August 8, 2023

This morning, the Federal Circuit released three nonprecedential opinions: one in a patent case reviewing inter partes review decisions, one in another patent case addressing subject-matter jurisdiction, and one in a case appealed from the Merit Systems Protection Board. Late yesterday, the court also released two nonprecedential orders dismissing appeals.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 – August 7, 2023

This morning, the Federal Circuit released three opinions: a precedential opinion in a patent case addressing claim construction, a nonprecedential opinion in a pro se case addressing disability retirement pay, and a nonprecedential opinion in another pro se case. Here are the introductions to the opinions.

Read More
Opinions

Opinions & Orders – August 4, 2023

Today, the Federal Circuit released a nonprecedential opinion in a takings case. Late Thursday and this morning, the court also released five nonprecedential orders: four dismissing appeals and one erratum. Here is the introduction to the opinion and links to the dismissals and the erratum.

Read More
Opinions

Opinions & Orders – August 3, 2023

This morning, the Federal Circuit released four opinions: a precedential opinion in a trade case addressing lack of jurisdiction, a precedential opinion in a veterans case addressing the Equal Access to Justice Act, another precedential opinion in a veterans case involving a dispute related to a transfer out of the Active Reserve Program and into the Individual Ready Reserve, and a precedential opinion in a veterans case addressing service connection for an acquired psychiatric disorder. Late yesterday and this morning, the court also released three nonprecedential orders, two dismissing appeals and one erratum. Here are the introductions to the opinions and links to the dismissals and the erratum.

Read More
Opinions

Opinions & Orders – August 2, 2023

This morning, the Federal Circuit released a nonprecedential opinion in a patent case addressing eligible subject matter. The court also released a nonprecedential order dismissing an appeal. Here is the introduction to the opinion and a link to the dismissal.

Read More
Opinions

Opinions & Orders – August 1, 2023

This morning, the Federal Circuit released a nonprecedential opinion in a patent case addressing the court’s appellate jurisdiction. The court also released a related order transferring the appeal to the Ninth Circuit. Here is the introduction to the opinion and text from the order.

Read More
Opinions

Opinion Summary – DiMasi v. Secretary of Health and Human Services

Last week, the Federal Circuit issued its opinion in DiMasi v. Secretary of Health and Human Services, a pro se vaccine case we have been following because it attracted an amicus brief. In this case, the Federal Circuit reviewed a determination by the Court of Federal Claims that a “Special Master’s denial of relief from judgment was not an abuse of discretion.” Notably, after the pro se petitioner filed informal briefs, the court issued an order appointing two attorneys to serve jointly as amicus curiae in support of the pro se petitioner’s appeal and to present oral argument. In an opinion authored by Judge Taranto and joined by Judges Prost and Moore, the Federal Circuit affirmed in part, reversed in part, and remanded. This is our opinion summary.

Read More