Late Friday and this morning, the Federal Circuit released six nonprecedential orders. One transfers an appeal to the Court of Appeals for the Second Circuit, one grants a motion to dismiss an appeal subject to reinstatement, and four dismiss appeals. The Federal Circuit also released a Rule 36 judgment and an erratum. Here is text from the orders and links to the dismissals, Rule 36 judgment, and erratum.
Opinions & Orders – January 27, 2023
This morning the Federal Circuit released five nonprecedential orders dismissing appeals. Here are links to the dismissals.
Recent News on the Federal Circuit
Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:
- an article about a mandamus petition claiming “U.S. Patent and Trademark Office Director Kathi Vidal ‘unlawfully’ interfered with a patent validity challenge”; and
- a blog post about the Federal Circuit denying “General Motor’s petition for a writ of mandamus seeking to compel Judge Alan Albright to transfer a patent infringement case.”
Opinions & Orders – January 26, 2023
This morning the Federal Circuit released a nonprecedential order dismissing an appeal. Here is a link to the dismissal.
Recent Supreme Court Activity
Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, there is no new activity to report since our last update. With respect to petitions, one new petition was filed with the Court in a patent case, and the government filed a brief in opposition in a veterans case. Here are the details.
Opinions & Orders – January 25, 2023
This morning the Federal Circuit released a precedential opinion in a case appealed from the Court of Federal Claims. In the opinion, the Federal Circuit explains that it vacated the lower court’s decision granting judgment on the administrative record in favor of the government and remanded the case. Late yesterday and this morning, the Federal Circuit also released three nonprecedential orders dismissing appeals. Here is an introduction to the opinion and links to the dismissals.
Recent En Banc Activity
Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received two responses to petitions raising questions related to anticipation and the standard for establishing venue. Here are the details.
Opinions & Orders – January 24, 2023
This morning the Federal Circuit released a nonprecedential opinion affirming a judgment of the Northern District of Texas of noninfringement of two patents. Here is the introduction to the opinion.
Update on Important Panel Activity
Here is this month’s update on activity in cases pending before panels of the Federal Circuit where the cases involve at least one amicus brief. We keep track of these cases in the “Other Cases” section of our blog. Today, with respect to these cases we highlight six new cases, three of which involve petitions for writs of mandamus that were ultimately denied by the Federal Circuit. Additionally, we highlight an opinion in a government contract case and a patent case with a new briefing. Here are the details.
Opinions & Orders – January 23, 2023
This morning the Federal Circuit released two precedential opinions in separate cases appealed from the Court of Appeals for Veterans Claims. In the first precedential opinion, the Federal Circuit affirms the Veterans Court’s denial of a request to exclude certain payments in calculating a veteran’s non-service-connected pension. In the second precedential opinion, the Federal Circuit affirms the Veterans Court’s conclusion that a veteran is barred from receiving reimbursement for specific medical treatment. The Federal Circuit also released a nonprecedential opinion in another veterans case appealed from the Court of Appeals for Veterans Claims. Finally, the Federal Circuit released a nonprecedential order denying a petition for a writ of mandamus seeking to transfer an appeal from the Western District of Texas to the Eastern District of Michigan. Here are the introductions to the opinions and text from the order.