Opinions

Today’s Opinions – May 29, 2020

This morning the Federal Circuit issued three precedential opinions: one in a government contracts case, one in a takings case, and one in a tax case. The court also issued one precedential order in a government contracts case, as well as two nonprecedential opinions: one in a Merit Systems Protection Board case and one in a patent case. Here are the introductions to the opinions and text from the order.

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Opinions

Today’s Opinions – May 18, 2020

This morning the Federal Circuit issued one precedential opinion in a vaccine case, one nonprecedential opinion affirming a denial of a motion to intervene, and four nonprecendential opinions in patent cases. Here are the introductions to the opinions.

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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 in patent cases. Highlights include new petitions in three cases raising questions related to transfer motions, licenses, and the constitutionality of the appointment of Administrative Patent Judges, two responses to petitions raising questions related to the knowledge of one of ordinary skill in the art and the constitutionality of the appointment of Administrative Patent Judges, and the denial of a motion for en banc reconsideration in a case that raised arguments related to the constitutionality of the appointment of Administrative Patent Judges. Here are the details.

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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 in patent cases. Notably, much of the activity relates in some way to Arthrex, Inc. v. Smith & Nephew, Inc. Highlights include three new petitions (including two petitions raising questions related to waiver of arguments similar to those made in Arthrex), a response in opposition to a petition also making arguments raised in Arthrex, briefing on a motion raising arguments related to Arthrex, requests for responses in three cases (including, notably, Arthrex itself), and the denial of two petitions raising questions related to patent eligibility. Here are the details.

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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 in patent cases. Highlights include two new petitions (on whether Arthrex should be applied to cases pending on appeal at the time it was decided, and whether the PTAB must consider arguments not made or adopted by examiners), an amicus brief, and three denials of petitions. Here are the details.

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