FedCircuitBlog

Late yesterday, the Federal Circuit released a nonprecedential order dismissing an appeal. This morning, the Federal Circuit released one precedential opinion and two nonprecedential opinions. The precedential opinion comes in appeals of final written decisions in three inter partes review proceedings initiated by the Patent Trial and Appeal Board. One of the nonprecedential opinions also comes in an appeal of a decision by the Patent Trial and Appeal Board. The other comes in an appeal of a decision by the Court of Federal Claims. Here are the introductions to the opinions and a link to yesterday’s dismissal.

This morning, the Federal Circuit released two precedential opinions. Both come in appeals of decisions from the Court of Federal Claims. One comes in a vaccine case, and the other in a takings case. Notably, the opinion in the vaccine case is one that has been modified and reissued following a petition for rehearing. Here are the introductions to the opinions.

This morning, the Federal Circuit announced it will be closed on December 24, 25, and 26 this year, and each of these dates will be considered a “legal holiday” for purposes of computation of time and motions to enlarge time. All electronic filing deadlines will remain in effect. Here is the text of the full announcement and a link to the relevant order.

This morning, the Federal Circuit released three nonprecedential opinions. All three come in appeals of decisions of the Patent Trial and Appeal Board. Here are the introductions to the opinions.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today we highlight:

• an article reporting how “Costco has sued the Trump administration for a refund of the tariffs it has paid on imported goods”;
• an article discussing how “[t]here are a number of alternative statutes that the administration could rely on to issue” tariffs “instead of IEEPA” if President Trump’s tariffs are struck down by the Supreme Court;
• a blog post arguing recent Federal Circuit decisions “establish that the ‘final and nonappealable’ language of 35 U.S.C. § 314(d) bars virtually all judicial oversight of [inter partes review] institution decisions, whether framed as constitutional due process claims, statutory ultra vires arguments, or Administrative Procedure Act challenges”; and
• a blog post recounting how the Supreme Court denied certiorari in “a case that asked the Justices to clarify U.S. Court of Appeals for the Federal Circuit precedent around using ‘after-arising technology’ to hold a patent invalid in the context of patent-infringement suits.”

Late yesterday, the Federal Circuit released a nonprecedential order dismissing an appeal. This morning, the court released two precedential opinions and three nonprecedential orders. One of the opinions comes in an appeal of an imposition of an $8 million bond pursuant to the Idaho Bad Faith Assertions of Patent Infringement Act. The other comes in an appeal of a decision of the Civilian Board of Contract Appeals. The orders all dismiss appeals. Here are the introductions to the opinions and links to the dismissals.

Late yesterday, the Federal Circuit released two nonprecedential orders dismissing appeals. This morning, the court released two precedential opinions and five nonprecedential opinions. One of the precedential opinions comes in a patent infringement case and, notably, includes an opinion concurring-in-part and dissenting-in-part. The other precedential opinion comes in an appeal of a decision of the Merit Systems Protection Board. Three of the five nonprecedential opinions come in patent cases; one comes in an appeal from the Court of Appeals for Veterans Claims; and the other comes in an appeal of a decision of the Armed Services Board of Contract Appeals. Here are the introductions to the opinions and links to yesterday’s dismissals.

Late yesterday, the Federal Circuit released a nonprecedential order dismissing an appeal. This morning, the court released one nonprecedential opinion, two nonprecedential orders dismissing appeals, and a Rule 36 judgment. The opinion comes in patent infringement case that was previously before the Federal Circuit. Here is the introduction to the opinion and links to the dismissals and Rule 36 judgment.

Late Friday, the Federal Circuit released a precedential opinion in an en banc case addressing federal employment law. Chief Judge Moore authored the majority opinion, which was joined by Judges Lourie, Dyk, Prost, Taranto, Chen, and Hughes. Notably, Judge Stoll authored a dissenting opinion that was joined by Judges Reyna, Cunningham, and Stark. This morning, the court released four nonprecedential opinions and three nonprecedential orders. One nonprecedential opinion comes in a patent infringement case appealed from the District of Delaware, another comes in a government contract case, another in an appeal of a decision of the Trademark Trial and Appeal Board, and the last one comes in a pro se challenge to a decision of the Merit Systems Protection Board. Two of the orders transfer cases, while the third order denies a petition in a veterans case. Here are the introductions to the opinions and orders.

This morning, the Federal Circuit released one precedential opinion, one nonprecedential opinion, and one nonprecedential order. The precedential opinion and one of the nonprecedential opinions come in appeals of decisions of the Court of Appeals for Veterans Claims. The other nonprecedential opinion comes in an appeal of a decision of the Patent Trial and Appeal Board. The order addresses a petition. Here are introductions to the opinions and order.