Opinions

Opinions & Orders – October 11, 2023

This morning, the Federal Circuit released one nonprecedential order and four Rule 36 summary affirmances. The order dismisses an appeal. Here are the links to the order and summary affirmances.

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En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. Highlights include a newly-filed petition for rehearing filed in a patent case presenting a question related to the non-obviousness requirement, along with a denial of a petition for rehearing in another patent case presenting a question related to inducement of infringement. Here are the details.

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Opinions

Opinions & Orders – October 10, 2023

This morning, the Federal Circuit released one nonprecedential opinion. It addresses an appeal from an order dismissing antitrust, patent infringement, and unjust enrichment claims. Here is the introduction to the opinion.

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Panel Activity

Update on Important Panel Activity

Here is an update on activity in cases pending before panels of the Federal Circuit where the cases involve at least one amicus brief. We keep track of these cases in the “Other Cases” section of our blog. Today, with respect to these cases we highlight a new patent case, a reply brief in another patent case, oral arguments in a takings case and a pro se case, and an opinion in a patent case. Here are the details.

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Opinions

Opinions & Orders – October 9, 2023

This morning, the Federal Circuit did not release any opinions or orders on its website. Late Friday, the Federal Circuit released two nonprecedential orders, each dismissing an appeal. Here are the links to the dismissals.

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Opinions

Opinions & Orders – October 6, 2023

This morning, the Federal Circuit released two precedential opinions, one nonprecedential opinion, three nonprecedential orders, and two Rule 36 judgments. The precedential opinions address appeals from judgements of the Patent Trial and Appeal Board related to the patentability of claims. The nonprecedential opinion addresses an appeal from a judgment in a patent case decided by a Texas district court. One nonprecedential order transfers a case, and two are dismissals. Here are the introductions to the opinions, text from the transfer order, and links to the dismissals and Rule 36 judgments.

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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:

  • a blog post about the “high-stakes patent dispute between VirnetX and Apple” highlighting “VirnetX’s new petition asking the Supreme Court to review two important Federal Circuit rulings”; and
  • an article discussing how the U.S. Supreme Court “declined to rethink the court’s Alice and Mayo rulings on patent eligibility.”
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Opinions

Opinions & Orders – October 5, 2023

This morning, the Federal Circuit released two nonprecedential opinions and four nonprecedential orders. Both opinions address jurisdictional issues. One order transfers a case to an Illinois district court, one order dismisses a case, and two are Rule 36 judgments. Here are the introductions to the opinions, text from the order transferring a case, and links to the Rule 36 judgments and dismissal.

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Petitions / 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, two new petitions were filed with the Court. One came in a patent case addressing both joinder in inter partes review proceedings and the Federal Vacancies Reform Act. The other came in a case addressing the Fair Labor Standards Act. Additionally, three waivers of right to respond were filed in the same patent case, and a brief in opposition was filed in another patent case addressing joint inventorship. Finally, the Court denied nine petitions in three patent cases, a trade case, and five pro se cases. Here are the details.

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Opinions

Opinions & Orders – October 4, 2023

This morning, the Federal Circuit released two nonprecedential opinions and three nonprecedential orders. One opinion dismisses an appeal for lack of jurisdiction. Another opinion affirms a decision of the Merit Systems Protection Board to sustain the removal of a former employee of the Army. Two of the orders transfer cases to district courts and the third transfers a case to the Court of Appeals for the Eleventh Circuit. Here are the introductions to the opinions and text from the orders.

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