FedCircuitBlog

This morning the Federal Circuit released two precedential opinions, four nonprecedential opinions, and one nonprecedential order. The first precedential opinion comes in an en banc design patent case. In it, the en banc court overruled the long-standing Rosen-Durling test used to assess the nonobviousness of design patents. Notably, Judge Lourie concurred in the judgment, suggesting it was unnecessary to overrule Rosen and Durling. In the second precedential opinion, a panel vacated and remanded a judgment of Central District Court of California in a patent infringement case over a dissent by Judge Mayer. As for the nonprecedential opinions, the first affirms two separate dismissals by the Merit Systems Protection Board in a pro se case, the second affirms a judgment of the Patent Trial and Appeal Board, the third dismisses an appeal in a veterans case for lack of jurisdiction, and the fourth affirms another dismissal by the Merit Systems Protection Board for lack of jurisdiction. The nonprecedential order is a dismissal. Here are the introductions to the opinions and links to the orders.

This morning, the Federal Circuit released one nonprecedential opinion and three nonprecedential orders. The opinion addresses an appeal from a judgment of the Patent Trial and Appeal Board and attends to arguments related to claim construction and the determination of analogous art for purposes of a nonobviousness analysis. The orders are dismissals. Here is the introduction to the opinion and links to the orders.

Late yesterday and this morning, the Federal Circuit released a Rule 36 judgment and two nonprecedential orders granting motions to voluntarily dismiss appeals. Here are the links to the dismissals and Rule 36 judgment.

This morning the Federal Circuit released a precedential opinion in a patent case appealed from the Southern District of California. In its opinion, the Federal Circuit reversed a district court’s claim construction, vacated its grant of summary judgment, and remanded the case. The Federal Circuit also released five nonprecedential orders late yesterday and this morning. Three grant motions to voluntarily dismiss appeals, and two dismiss appeals for failure to prosecute. Here is the introduction to the opinion and links to the dismissals.