Opinions

Opinions & Orders – August 14, 2024

This morning the Federal Circuit released a nonprecedential opinion in a trademark infringement case appealed from the Southern District of Florida. The court vacated the lower court’s judgment and remanded the case, finding that the district court abused its discretion by, among other things, unreasonably rejecting an unlawful-use defense without adequate legal or factual analysis. Here is the introduction to the opinion.

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Opinions

Opinions & Orders – August 13, 2024

This morning the Federal Circuit released two precedential opinions, two nonprecedential opinions, one Rule 36 judgment, and four nonprecedential orders. The first precedential opinion reverses a judgment of the District of Delaware in a patent case, while the second grants a petition for panel rehearing in a trade case appealed the Court of International Trade. The first nonprecedential opinion dismisses an appeal for lack of jurisdiction, while the second affirms a decision of the Merit Systems Protection Board. All of the nonprecedential orders are dismissals. Here are the introductions to the opinions and links to the Rule 36 judgment and orders.

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Opinions

Opinions & Orders – August 12, 2024

This morning the Federal Circuit released one precedential opinion, two nonprecedential opinions, and one nonprecedential order. The precedential opinion affirms a decision of the International Trade Commission. The first nonprecedential opinion affirms a decision of the Court of Federal Claims to grant a motion for summary judgment of a claim and to dismiss another claim for lack of jurisdiction, and the second affirms a judgment of the Court of Federal Claims to dismiss a complaint due to it being barred by the statute of limitations. The order vacates a decision of the Merit Systems Protection Board. Here are the introductions to the opinions and a link to the order.

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Opinions

Opinions & Orders – August 9, 2024

This morning the Federal Circuit released one precedential opinion, two nonprecedential opinions, and two nonprecedential orders. The precedential opinion affirms in part and vacates in part a judgment of the Court of Federal Claims. The first nonprecedential opinion affirms three decisions made by the Patent Trial and Appeal board, while the second nonprecedential opinion affirms a dismissal for lack of jurisdiction by the Court of Federal Claims. Both of the orders are dismissals. Here are the introductions to the opinions and 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 examining the Federal Circuit’s consideration of when attorney’s fees can be awarded to the prevailing party in in inter partes review proceedings; and
  • an article discussing a distinction made by the Federal Circuit pertaining to which disclosures qualify as public disclosures for purposes of 35 U.S.C. § 102(b)(2)(B).
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Opinions

Opinions & Orders – August 8, 2024

This morning the Federal Circuit released two nonprecedential opinions, two nonprecedential Rule 36 judgments, and one nonprecedential order. The first opinion affirms a judgment of the Merit Systems Protection Board, while the second dismisses a petition for review of another judgment of the Merit Systems Protection Board. The order is a dismissal. Here are the introductions to the opinions and links to the Rule 36 judgments and orders.

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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. This week’s highlights include new petitions filed in a patent case raising a question related to standing and a takings case raising a question related to a regulatory takings claim. Here are the details.

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Opinions

Opinions & Orders – August 7, 2024

This morning the Federal Circuit released two precedential opinions and two nonprecedential opinions. The first precedential opinion reverses and remands a dismissal by the Court of Federal Claims in a takings case, and the second affirms a judgment of the Court of International Trade. The first nonprecedential opinion affirms a dismissal by the Court of Federal Claims for lack of jurisdiction, and the second affirms a judgment of the Patent Trial and Appeal Board. Here are the introductions to the opinions.

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En Banc Activity

Recent En Banc Activity

Here is an update on recent en banc activity in patent cases at the Federal Circuit. Highlights include new petitions filed in cases raising questions about means-plus-function claims, patent eligibility, and attorneys’ fees. The court also denied a petition for en banc rehearing in a patent case raising questions about damages, Federal Rule of Civil Procedure 60(b), and procedure. Here are the details.

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Opinions

Opinions & Orders – August 6, 2024

This morning the Federal Circuit released three precedential opinions, one nonprecedential opinion, and one erratum. The first precedential opinion affirms in part, vacates in part, and remands a judgment of the Court of Federal Claims in a veterans case. The second vacates and remands a judgment of the Trademark Trial and Appeal Board. The third affirms a judgment of the Central District of California in a patent case. The nonprecedential opinion affirms a judgment of the Patent Trial and Appeal Board. Here are the introductions to the opinions and a link to the erratum.

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