Opinions

Opinions & Orders – February 4, 2021

This morning the Federal Circuit issued two precedential opinions in government contract cases. Additionally, the court issued two nonprecedential opinions in patent cases. Finally, the court issued three Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.

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Opinions

Opinions & Orders – February 3, 2021

This morning, the Federal Circuit issued four nonprecedential opinions: one in a veterans case, a second in a case appealed from the Merit Systems Protection Board, and a third in a case dismissed for a lack of jurisdiction by the Court of Federal Claims. The Federal Circuit also issued four Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.

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Opinions

Opinions & Orders – February 2, 2021

This morning, the Federal Circuit issued one nonprecedential opinion in a veterans case and one nonprecedential opinion in an appeal from the Merit Systems Protection Board. Additionally, the court issued one nonprecedential order denying petition for a writ of mandamus. Here are the introductions to the opinions and the text from the order.

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Featured / Opinions / Petitions

Breaking News – Federal Circuit Grants Mandamus Staying All Proceedings in Patent Case Pending Resolution of Motion to Transfer

Late yesterday the Federal Circuit granted a petition for a writ of mandamus related to a transfer motion filed in the Western District of Texas in a patent case. Notably, the Federal Circuit found that “the district court’s handling of the transfer motion up until this point in the case has amounted to egregious delay and blatant disregard for precedent.” As a result, the Federal Circuit ordered the district court to “stay all proceedings concerning the substantive issues in the case until such time that it has issued a ruling on the transfer motion capable of providing meaningful appellate review of the reasons for its decision.” Presumably the Federal Circuit issued the order late yesterday given that the district court had scheduled a hearing on the transfer motion for this morning. But, according to yesterday’s order, the district court scheduled that hearing only after the Federal Circuit ordered the filing of a response to the petition by yesterday. Here is the text of yesterday’s order.

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Opinions

Opinions & Orders – February 1, 2021

This morning, the Federal Circuit issued a precedential opinion in a patent case, finding that the Patent Trial and Appeal Board erred by invalidating a claim for anticipation when the relevant petition asserted only obviousness. The court also issued a nonprecedential opinion in another patent case affirming PTAB findings of obviousness. Finally, the court issued two Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.

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Opinions

Opinions & Orders – January 29, 2021

This morning, the Federal Circuit issued two nonprecedential errata. Here are the errata.

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Opinions

Opinions & Orders – January 28, 2021

This morning, the Federal Circuit issued one nonprecedential opinion in a patent case. In it, the court reviewed the non-obviousness patentability requirement as applied by the Patent Trial and Appeal Board in a post-grant review proceeding. Here is the introduction to the opinion.

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Opinions / Panel Activity

Opinion Summary – Monk v. Tran

This week, the Federal Circuit issued its opinion in Monk v. Tran, a veterans case we have been following because it attracted an amicus brief. Judge Chen authored a unanimous panel opinion affirming in part a decision of the Court of Appeals for Veterans Claims and dismissing in part the appeal as moot. Specifically, the Federal Circuit agreed that a petition for a writ of mandamus filed at the Veterans Court was moot with respect to several veterans because, after the filing the petition but before the Veterans Court’s disposition of the petition, those veterans received decisions by the Board of Veterans Appeals. The Federal Circuit similarly dismissed as moot another veteran’s appeal because, by the time of the Federal Circuit’s disposition of his appeal, he had received a Board decision on the merits of his case. This is our opinion summary.

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Opinions

Opinions & Orders – January 27, 2021

This morning, the Federal Circuit issued a precedential opinion in an international trade case and a nonprecedential opinion in a patent case. Here are the introductions to the opinions.

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Opinions

Opinions & Orders – January 26, 2021

This morning, the Federal Circuit issued one nonprecedential opinion in a patent case and one nonprecedential opinion in a veterans case. Here are the introductions to the opinions.

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