This morning the Federal Circuit released three precedential opinions, one nonprecedential opinion, and one nonprecedential order. The first precedential opinion affirms a judgment of the Court of International Trade, the second affirms a judgment of the District Court of New Jersey in a patent infringement case, and the third reverses-in-part, vacates-in-part, and remands-in-part a breach of contract case to the Court of Federal Claims. The nonprecedential opinion affirms-in-part, vacates-in-part, and remands a case appealed from the Patent Trial and Appeal Board. The order is a dismissal. Here are the introductions to the opinions and a link to the order.
Recent En Banc Activity
Here is an update on recent en banc activity at the Federal Circuit. Highlights include a new petition raising a question about the correct interpretation of 35 U.S.C. § 271(e)(1) and denials of petitions in two cases raising questions related to obviousness. Here are the details.
Opinions & Orders – June 6, 2024
This morning the Federal Circuit released two nonprecedential opinions and two Rule 36 judgments. The first opinion affirms a judgment in a pro se case appealed from the Court of Federal Claims, and the second opinion dismisses an appeal from the Court of Appeals for Veterans Claims for lack of jurisdiction. Here are the introductions to the opinions and links to the Rule 36 judgments.
Recent En Banc Activity
Here is an update on recent en banc activity at the Federal Circuit. Highlights include a new opinion in an en banc case addressing design patent law’s nonobviousness requirement; seven new petitions raising questions related to nonobviousness, claim construction, infringement, appellate review, and damages; and three denials of petitions raising questions related to definiteness, claim construction, infringement, licenses, and reduction to practice. Here are the details.
Opinions & Orders – April 11, 2024
This morning, the Federal Circuit released one precedential opinion, two nonprecedential opinions, and six nonprecedential orders. The precedential opinion, which attracted two amicus briefs, addresses an appeal from a final judgment of a district court holding certain patent claims invalid as obvious. Judge Cunningham filed an opinion dissenting in part. One of the nonprecedential opinions affirms four final written decisions of the Patent Trial and Appeal Board, determining all claims are unpatentable over asserted prior art. The other nonprecedential opinion affirms a decision of the Merit Systems Protections Board. Two of the nonprecedential orders transfer appeals to other United States appellate courts. Four of the nonprecedential orders are dismissals. Here are the introductions to the opinions, selected text from the transfer orders, and links to the dismissals.
Opinions & Orders – March 27, 2024
This morning, the Federal Circuit released four precedential opinions, two nonprecedential opinions, and two nonprecedential dismissals. The first precedential opinion comes in a case involving allegations of infringement of numerous patents and addresses appeals from a summary judgment of infringement of a subset of claims, from a jury determination that remaining claims were not infringed, and from a determination that all asserted claims, including those infringed, were invalid. The second precedential opinion addresses an appeal from a judgment of a district court finding certain patent claims invalid, finding certain claims infringed, and entering a damage award in excess of $6 million. The third precedential opinion addresses an appeal from a judgment of the Patent Trial and Appeal Board. The fourth precedential opinion addresses an appeal from a judgment of the Court of Appeals for Veterans Claims. Each of the two nonprecedential opinions affirms a judgment—one of a district court in a patent case turning on patent eligibility, another of the Armed Services Board of Contract Appeals. Here are the introductions to the opinions and links to the dismissals.
Recent En Banc Activity
Here is an update on recent en banc activity at the Federal Circuit. Highlights include two new denials of petitions for rehearing en banc in patent cases. These petitions raised questions related to claim construction, the scope of inter partes review proceedings, and the evidentiary basis to prove the existence of prior art. Here are the details.
Opinions & Orders – March 18, 2024
This morning, the Federal Circuit released one nonprecedential opinion and three nonprecedential orders. The opinion addresses a pro se appeal from a judgment of the Merit Systems Protection Board. Two of the orders deny petitions, while one dismisses an appeal. Late Friday, the Federal Circuit also released one nonprecedential order dismissing another appeal. Here is the introduction to the opinion, selected text from the orders denying petitions, and links to the dismissals.
Opinions & Orders – March 12, 2024
This morning, the Federal Circuit released three nonprecedential opinions and two nonprecedential orders. All three of the opinions address pro se appeals—two opinions dismiss for lack of jurisdiction and one affirms a final order of the Merit Systems Protection Board. The orders are dismissals. Here are the introductions to the opinions and links to the orders.
Opinions & Orders – February 21, 2024
This morning, the Federal Circuit released one precedential opinion and four nonprecedential orders. Late yesterday, the Federal Circuit also released another nonprecidential order. The opinion affirms a judgment of the United States Court of Federal Claims in a vaccine case. One of the orders dismisses an appeal, and another grants a motion to transfer a case to the Middle District of Alabama. The other three orders also dismiss appeals. Here are the introductions to the opinion and two of the orders and links to the three of the dismissals.