Opinions

Opinions & Orders – December 19, 2023

Today, the Federal Circuit released one nonprecedential opinion and two nonprecedential orders. The opinion dismisses a patent appeal as moot. One order grants a motion to remand, and the other dismisses an appeal. Here is the introduction to the opinion, selected text from one order, and a link to the dismissal.

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Opinions

Opinions & Orders – December 18, 2023

Today, the Federal Circuit released one precedential opinion and six nonprecedential orders. The opinion affirms the dismissal of a pro se complaint for lack of subject matter jurisdiction but vacates an injunction the trial court imposed on the complainant. Five of the orders are dismissals, while one denies a petition seeking a writ of mandamus. Here are the introductions to the opinion and denial of the petition, following by a link to the remaining orders.

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Opinions

Opinions & Orders – December 11, 2023

Today the Federal Circuit released a precedential opinion in a government contract case and a nonprecedential opinion in a pro se case. The court also released two nonprecedential orders granting summary affirmances. Here are the introductions to the opinions and links to the orders.

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Opinions

Opinions & Orders – November 30, 2023

This morning, the Federal Circuit released five nonprecedential orders on its website. One transfers a case to the Western District of Texas, while the other four dismiss appeals. Here are links to the orders.

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Opinions

Opinions & Orders – November 28, 2023

For the first time since last Wednesday, the Federal Circuit released an order (albeit still no opinions) this morning on its website. It is a dismissal. Here is a link to it.

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Opinions

Opinions & Orders – November 9, 2023

This morning, the Federal Circuit released five nonprecedential opinions and two Rule 36 summary affirmances. Three of the opinions address appeals of decisions of the Merit Systems Protection Board. The fourth addresses a pro se appeal from a judgment of the Court of Appeals for Veterans Claims. The fifth affirms a decision of the Court of Federal Claims to dismiss a case for lack of subject matter jurisdiction. Here are the introductions to the opinions and links to the summary affirmances.

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Opinions

Opinions & Orders – October 20, 2023

This morning, the Federal Circuit released five nonprecedential opinions and four nonprecedential orders. Two opinions address appeals from inter partes reexaminations before the Patent Trial and Appeal Board. Each of those appeals had a corresponding related appeal, which was subsequently dismissed as moot in a corresponding nonprecedential opinion. Finally, the fifth nonprecedential opinion addresses an appeal regarding veterans’ disability benefits. The first nonprecedential order summarily affirms a judgment, another transfers an appeal to a district court, and the final two are dismissals. Late yesterday, the Federal Circuit also released one nonprecedential order dismissing appeals from the Patent Trial and Appeal Board. Here are the introductions to the opinions, text from the orders, and links to the dismissals.

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Opinions

Opinions & Orders – October 16, 2023

This morning, the Federal Circuit released two precedential opinions, one nonprecedential opinion, and two nonprecedential orders. One precedential opinion comes in a patent case and addresses issues of obviousness, infringement, and damages. The other precedential opinion comes in another patent case and addresses a challenge to analogous art findings by the Patent Trial and Appeal Board. The nonprecedential opinion addresses an appeal from a judgment of the Patent Trial and Appeal Board finding certain claims unpatentable. The orders dismiss appeals. Late Friday, the Federal Circuit also released a nonprecedential order dismissing an appeal. Here are the introductions to the opinions and links to the dismissals.

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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, the government’s reply brief was filed in Vidal v. Elster, a trademark case concerning the First Amendment. With respect to pending petitions, one new petition was filed with the Court in a pro se case, a waiver of right to respond was filed in another pro se case, and a brief in opposition was filed in response to a petition asking the Court to consider whether the deadline to file a petition to review a decision of the Merit Systems Protection Board is jurisdictional. In addition, the Court denied the petitions in two employment cases, two veterans cases, a patent case, and a pro se case, and the Court also dismissed the petitions in four pro se cases. Here are the details.

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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, a merits brief and an amicus brief were filed in Vidal v. Elster, a trademark case concerning the First Amendment. With respect to petitions, three new petitions were filed with the Court in two patent cases addressing eligibility and prosecution laches respectively and in a takings case. Additionally, waivers of right to respond were filed in the patent case addressing prosecution laches and in a pro se case, and a supplemental brief was filed with the Court in a patent case addressing eligibility. Finally, three amicus briefs were filed in a patent case addressing judicial review of determinations whether to institute inter partes review proceedings. Here are the details.

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