This morning the Federal Circuit released one precedential opinion, two nonprecedential opinions, and four nonprecedential orders, which were all dismissals. The precedential opinion comes in a veterans case appealed from the Court of Appeals for Veterans Claims. In this case, the Federal Circuit vacated the judgment and remanded the case to the Veterans Court. The first nonprecedential opinion comes in an appeal from a decision denying a petition under the National Vaccine Injury Compensation Program. The second nonprecedential opinion comes in an appeal from a district court, which found that a patent claim is invalid based on indefiniteness. Here are introductions to the opinions and links to the dismissals.
Opinions & Orders – August 19, 2024
This morning the Federal Circuit released six nonprecedential orders, all of which were dismissals. Here are links to these orders.
Opinions & Orders – August 16, 2024
This morning the Federal Circuit released one precedential opinion and and two nonprecedential opinions. The precedential opinion comes in a patent case appealed from the Patent Trial and Appeal Board. In this case, the Federal Circuit dismissed the appeal given its finding that the appellant failed to prove standing. The first nonprecedential opinion comes in an appeal from a decision of an arbitrator in a case in which a former employee of the Federal Bureau of Prisons challenged his removal. The second nonprecedential opinion comes in a patent case appealed from the Patent Trial and Appeal Board. Here are the introductions to the opinions.
Opinions & Orders – August 15, 2024
This morning the Federal Circuit released two nonprecedential opinions and an erratum. The first nonprecedential opinion comes in a trade case appealed from the Court of International Trade. The second comes in a patent case appealed from the Central District of California. Here are the introductions to the opinions and a link to the erratum.
Argument Recap – Telefonaktiebolaget LM Ericsson v. Lenovo (United States) Inc.
Last week, the Federal Circuit heard oral argument in Telefonaktiebolaget LM Ericsson v. Lenovo (United States) Inc., a patent case that attracted an amicus brief. In this case the Federal Circuit is reviewing a district court’s order denying an anti-suit injunction. Judges Lourie, Prost, and Reyna heard the argument. This is our argument recap.
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This morning the Federal Circuit released a nonprecedential opinion in a trademark infringement case appealed from the Southern District of Florida.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.
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.
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.
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.
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).