Opinions

Opinions & Orders – June 11, 2024

This morning the Federal Circuit released two nonprecedential opinions and seven nonprecedential orders. The first opinion affirms a judgment of the Merit Systems Protection Board, and the second opinion affirms in part, reverses in part, and remands a patent and trade secret case appealed from the District of Rhode Island. Three of the orders are dismissals and four are Rule 36 summary affirmances. Here are the introductions to the opinions and links to the dismissals and summary affirmances.

Read More
News

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 analyzing “four Federal Circuit decisions reversing or vacating the underlying rulings” in patent cases and “the lessons learned from those decisions”; and
  • a webinar discussing whether the patent eligibility doctrine is “in need of reform.”
Read More
Opinions

Opinions & Orders – June 10, 2024

This morning the Federal Circuit released one nonprecedential opinion and three nonprecedential orders. The opinion affirms a judgment of the Merit Systems Protection Board, and all the orders are dismissals. Here is the introduction to the opinion and links to the orders.

Read More
Opinions

Opinions & Orders – June 7, 2024

This morning the Federal Circuit released one precedential opinion, two nonprecedential opinions, and three nonprecedential orders. The precedential opinion reverses and remands in a Tucker Act case decided by the Court of Federal Claims. The first nonprecedential opinion affirms a judgment of the Court of Federal Claims, which dismissed a complaint for lack of jurisdiction. The second nonprecedential opinion dismisses an appeal from the Court of Appeals for Veterans Claims. One of the orders dismisses an appeal from the Patent Trial and Appeal Board as moot, while the two other orders are Rule 36 summary affirmances. Here are the introductions to the opinions and the links to the orders.

Read More
En Banc Activity

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. Highlights include a new petition raising a question about the correct interpretation of 35 U.S.C. § 271(e)(1) and denials of petitions in two cases raising questions related to obviousness. Here are the details.

Read More
Opinions

Opinions & Orders – June 6, 2024

This morning the Federal Circuit released two nonprecedential opinions and two Rule 36 judgments. The first opinion affirms a judgment in a pro se case appealed from the Court of Federal Claims, and the second opinion dismisses an appeal from the Court of Appeals for Veterans Claims for lack of jurisdiction. Here are the introductions to the opinions and links to the Rule 36 judgments.

Read More
Supreme Court Activity

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, we are still waiting on the Supreme Court to issue its opinion in one case. With respect to petitions, one new waiver of the right to respond was filed in a pro se case, and the Court denied the petitions in a pro se case and in a veterans case. Here are the details.

Read More
Opinions

Opinions & Orders – June 5, 2024

This morning the Federal Circuit released one nonprecedential opinion, four nonprecedential orders, and five nonprecedential Rule 36 judgments. The opinion dismisses an appeal in a pro se case for lack of jurisdiction. All of the orders are dismissals. Here is the introduction to the opinion and links to the orders and summary affirmances.

Read More
Opinions

Opinions & Orders – June 4, 2024

This morning the Federal Circuit released one precedential opinion, two nonprecedential opinions, and three nonprecedential orders. The precedential opinion affirms a judgment of the Court of Appeals for Veterans Claims. The first nonprecedential opinion affirms a judgment of the Merit Systems Protection Board in a pro se case, while the second dismisses an appeal from the Court of Appeals for Veterans Claims for lack of subject matter jurisdiction. The first nonprecedential order remands a case vacated by the Supreme Court to the Court of Appeals for Veterans Claims, and the other two orders are both dismissals. Here are the introductions to the opinions and first order and links to the dismissals.

Read More
News

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 two articles discussing the Federal Circuit’s recent en banc decision changing the court’s interpretation of design patent law’s nonobviousness requirement, along with a memorandum from the U.S. Patent and Trademark Office addressing the same decision:

  • an article detailing the effects that the Federal Circuit’s decision will have on design patent challenges;
  • another article discussing how the new test has created uncertainty over what’s obvious; and
  • a memorandum from the U.S. Patent and Trademark Office entitled “Updated Guidance and Examination Instructions for Making a Determination of Obviousness in Designs in Light of LKQ Corporation v. GM Global Technology Operations LLC.
Read More