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 reflecting on the first five months of the Federal Circuits’s precedential rulings in patent cases in 2024; and
  • an article expressing the opinion that a new rule proposed by the U.S. Patent and Trademark Office would seriously harm U.S. inventors.
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Opinions

Opinions & Orders – July 1, 2024

This morning the Federal Circuit released one nonprecedential opinion and one nonprecedential order. The opinion affirms four separate judgments of the Merit Systems Protection Board, and the order is a dismissal. Here is the introduction to the opinion and a link to the order.

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Argument Preview

Argument Preview – Metropolitan Area EMS Authority v. Secretary of Veterans Affairs

Three cases that will be argued in July at the Federal Circuit attracted amicus briefs. One of those cases is Metropolitan Area EMS Authority v. Secretary of Veterans Affairs. In this case, the Federal Circuit will review a final rule passed by the Department of Veterans Affairs that would enable VA to pay the lesser of the actual charge or the Medicare fee schedule (MFS) amount for non-contract ground and air ambulance transports. This is our argument preview.

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Opinions

Opinions & Orders – June 28, 2024

This morning the Federal Circuit released four nonprecedential orders. All were dismissals. Here are links to the orders.

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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 expressing the opinion that the Federal Circuit’s effort to clarify design patent law in LKQ Corporation v. GM Global Technology Operations LLC “utterly failed”; and
  • an article suggesting a Federal Circuit case is “set to shape false advertising law.”
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Opinions

Opinions & Orders – June 27, 2024

This morning, the Federal Circuit released one nonprecedential opinion and one nonprecedential order. The opinion affirms a judgment of the Patent Trial and Appeal Board, which denied a motion to exclude a declaration and found claims unpatenable as obvious. The order is a dismissal. Here is the introduction to the opinion and a link to the order.

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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. Most notably, this week the Supreme Court granted certiorari in a case originally decided by the Merit Systems Protection Board. In other news, a new petition was filed in a pro se case, a party waived its right to respond in a patent case, six new amicus briefs were filed in another patent case, and a pro se petition was denied. Here are the details.

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Opinions

Opinions & Orders – June 26, 2024

This morning the Federal Circuit released one precedential opinion, two nonprecedential opinions, and one nonprecedential order. The precedential opinion affirms a judgment of the Civilian Board of Contract Appeals. The first nonprecedential opinion affirms a dismissal for lack of jurisdiction by the Court of Federal Claims, while the second affirms a judgment of the Court of Federal Claims denying attorneys fees in a patent dispute. The nonprecedential order transfers an appeal in a copyright infringement case to the U.S. Court of Appeals for the Eleventh Circuit. Here are the introductions to the opinions and the order.

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En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity in patent cases at the Federal Circuit. All we have to report is one new petition raising a question about the authority of the International Trade Commission to institute an investigation. Here are the details.

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Opinions

Opinions & Orders – June 25, 2024

This morning the Federal Circuit released two precedential opinions and ten nonprecedential orders. The first opinion reverses and remands a government contract case appealed from the Court of Federal Claims. The second opinion reverses a judgment of the District of Delaware in a patent case. As for the orders, one remands a case back to the Merit Systems Protection Board, four are denials of petitions, and five are dismissals. Here are the introductions to the opinions, the introduction to the first order, and links to the remaining orders.

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