Opinions

Opinions & Orders – May 11, 2023

This morning, the Federal Circuit released a precedential opinion and a nonprecedential opinion in two cases appealed from the Merit Systems Protection Board. The court also released five nonprecedential orders, which included three summary affirmances and two dismissals. Here are the introductions of the opinion and links to the 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. With respect to granted cases, there is no new activity to report since our last update. With respect to petitions, seven new petitions were filed, three briefs in opposition, and three reply briefs in support of petitions were filed. The Court also denied four petitions. Here are the details.

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Opinions

Opinions & Orders – May 10, 2023

This morning, the Federal Circuit released two precedential opinions, one in a government contract case and one in a tax case. The court also released three nonprecedential opinions, all in patent cases. The court also released a nonprecedential order dismissing an appeal. Here are the introductions to the opinions and a link to the dismissal.

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En Banc Activity

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include new petitions filed in four cases raising questions about the non-obviousness and novelty patentability requirements, the definiteness requirement, and principles of claim construction. The court also denied two petitions raising questions about eligibility and infringement. Here are the details.

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Opinions

Opinions & Orders – May 9, 2023

This morning, the Federal Circuit released two precedential opinions in patent cases, one affirming a judgment of unpatentability in an inter partes review and one reversing a judgment of unpatentability in another inter partes review. The court also released a nonprecedential opinion in a pro se case and five nonprecedential orders dismissing appeals. 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 about the changing burdens in computer software copyrightability;
  • a blog post about potential ethical dilemmas artificial intelligence presents to patent attorneys; and
  • an article about a petition for certiorari that “outlined a confusing procedural history that arguably mirrors the broader confusion over Section 101.”
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Opinions

Opinion & Orders – May 8, 2023

This morning, the Federal Circuit released a precedential opinion in a patent case, a nonprecedential opinion in a pro se veterans case, and two nonprecedential orders granting a summary affirmance and a dismissal. Here are the introductions to the opinions and links to the orders.

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Opinions

Opinions & Orders – May 5, 2023

This morning, the Federal Circuit released a precedential opinion affirming the judgment of the Court of Appeals for Veterans Claims in a veterans case. Notably, Judge Dyk concurred with the majority. The Federal Circuit also released two nonprecedential opinions, both in patent cases. Finally the court released three nonprecedential orders summarily affirming judgments. Here are the introductions to the opinions and links to the summary affirmances.

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Opinions

Opinions & Orders – May 4, 2023

This morning, the Federal Circuit released a precedential opinion in a case appealed from the Court of Appeals for Veterans Claims. In the opinion, the Federal Circuit explains why it dismissed the appeal for lack of jurisdiction. The court also released seven nonprecedential orders, six granting summary affirmances under Rule 36 and one dismissing an appeal. Here is the introduction to the opinion and links to the orders.

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Opinions / Panel Activity

Opinion Summary – FS.COM Inc. v. International Trade Commision

Late last month, the Federal Circuit issued its opinion in FS.COM Inc. v. International Trade Commission, a patent case we have been following because it attracted an amicus brief. In the opinion, the Federal Circuit reviewed a determination by the International Trade Commission that FS violated 19 U.S.C. § 1337. In an opinion authored by Chief Judge Moore and joined by Judges Prost and Hughes, the Federal Circuit affirmed the ITC’s decision. This is our opinion summary.

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