Opinions

Opinions & Orders – May 9, 2024

This morning the Federal Circuit released one precedential opinion, four nonprecedential opinions, and two summary affirmances. The precedential opinion reverses and remands a judgment of the Court of Appeals for Veterans Claims. The first nonprecedential opinion affirms a judgment in a case appealed from the Patent Trial and Appeal Board, the second dismisses an appeal from the Court of Appeals for Veterans Claims, the third affirms the the Court of Federal Claims’s denial of a petition to review a Special Master’s dismissal of a claim under the Childhood Vaccine Injury Act, and the fourth affirms a judgment of the Court of Federal Claims concerning a veteran’s claims. The Federal Circuit also released two nonprecedential orders affirming appeals under Rule 36. Here are the introductions to the opinions and links to the orders.

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Opinions

Opinions & Orders – May 8, 2024

This morning, the Federal Circuit released a precedential opinion in a patent case appealed from the International Trade Commission, a nonprecedential opinion in a government contract case, and two nonprecedential orders summarily affirming appeals under Rule 36. Late yesterday, the Federal Circuit also released a nonprecedential order dismissing an appeal. Here are the introductions to the opinions and links to the orders.

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Opinions

Opinions & Orders – May 7, 2024

This morning, the Federal Circuit released two nonprecedential opinions in cases appealed from the Court of Appeals for Veterans Claims and the Merit Systems Protection Board, respectively. The Federal Circuit also released four nonprecedential orders: two were summary affirmances and one was a dismissal. Here are the introductions to the opinions and links to the orders.

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Opinions

Opinions & Orders – May 6, 2024

After a slew of orders last Friday, the Federal Circuit released only one summary affirmance today on its website.

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Court Week

Court Week – May 2024 – What You Need to Know

This week is Court Week at the Federal Circuit. In total, the court will convene 11 panels to consider 60 cases. Of these cases, the court will hear oral arguments in 42. The Federal Circuit is providing access to live audio of these arguments via the Federal Circuit’s YouTube channel. This month, two cases scheduled for oral argument attracted amicus briefs. Here’s what you need to know about these two cases.

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Opinions

Opinions & Orders – May 3, 2024

The Federal Circuit has been busy. This morning it released two precedential opinions and seven nonprecedential orders. One of the precedential opinions comes in a patent case and reverses in part final written decisions of the Patent Trial and Appeal Board. The other precedential opinion comes in a veterans case and affirms dismissal of veterans’ petitions for writs of mandamus. The nonprecedential orders do various things in various cases: deny a motion for permission to appeal, dismiss a petition for review, grant a motion to remand a trademark case back to the Trademark Trial and Appeal Board, grant a motion to transfer a case, dismiss a petition for review as premature, grant a petition by the Director of the Office of Personnel Management for review of a final order of the Merit Systems Protection Board, and grant a motion for summary affirmance. Late yesterday, the Feddral Circuit also released another nonprecedential order dismissing an appeal. Here are the introductions to the opinions and orders, other than the dismissal, which is only linked.

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Opinions

Opinions & Orders – May 2, 2024

This morning the Federal Circuit released related precedential and nonprecedential opinions addressing parallel appeals from judgments of a district court and the Patent Trial and Appeal Board related to the same patents. In the precedential opinion, the Federal Circuit vacates a district court’s judgment of willful infringement and remands with instructions to dismiss the case as moot given the Federal Circuit’s holding in the related nonprecedential opinion affirming final written decisions of the Patent Trial and Appeal Board finding all of the asserted claims invalid. The Federal Circuit also released another precedential opinion reversing a district court’s finding of lack of personal jurisdiction in another patent infringement dispute. Finally, the Federal Circuit released a second nonprecedential opinion, this one in a separate appeal from another final written decision of the Patent Trial and Appeal Board in an inter partes review proceeding. Here are the introductions to the opinions.

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Argument Preview

Argument Preview – ACLR, LLC v. United States

As we highlighted yesterday, two cases being argued in May at the Federal Circuit attracted amicus briefs. One of these cases is ACLR, LLC v. United States, a government contract case. In this case, the Federal Circuit will review a judgment of the Court of Federal Claims, which granted the government’s motion for summary judgment. This is our argument preview.

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Opinions

Opinions & Orders – May 1, 2024

This morning the Federal Circuit released a precedential opinion in a patent case and a nonprecedential order dismissing a petition for review. The opinion describes why the Federal Circuit reversed a decision of the Western District of Texas to dismiss claims for lack of constitutional standing in a patent case. Here is the introduction to the opinion and a link to the dismissal.

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Argument Preview

Argument Preview – The Regents of the University of California v. Broad Institute, Inc.

Two cases being argued in May at the Federal Circuit attracted amicus briefs. One of these cases is Regents of the University of California v. Broad Institute, Inc. In this case, the Federal Circuit will review a judgment of the Patent Trial and Appeal Board in an interference proceeding concerning competing patent applications related to the CRISPR-Cas9 gene-editing system. This is our argument preview.

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