Happy Halloween! Yesterday afternoon, the Federal Circuit released two nonprecedential orders, both of which were dismissals. This morning, the Federal Circuit released three nonprecedential opinions. Two come in patent cases, while the third comes in a veterans case. Here are the introductions to the opinions and links to the dismissals.
Opinions & Orders – August 8, 2024
This morning the Federal Circuit released two nonprecedential opinions, two nonprecedential Rule 36 judgments, and one nonprecedential order. The first opinion affirms a judgment of the Merit Systems Protection Board, while the second dismisses a petition for review of another judgment of the Merit Systems Protection Board. The order is a dismissal. Here are the introductions to the opinions and links to the Rule 36 judgments and orders.
Opinions & Orders – August 2, 2024
This morning the Federal Circuit released one nonprecedential opinion. The opinion affirms in part, vacates in part, and remands a judgment of the Merit Systems Protection Board. Here is the introduction to the opinion.
Opinions & Orders – June 3, 2024
This morning the Federal Circuit released one precedential opinion and four nonprecedential orders. The opinion affirms a judgment of the Western District of Texas in a patent case. All four orders are dismissals. Here is the introduction to the opinion and links to the orders.
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This morning, the Federal Circuit released one precedential opinion, two nonprecedential opinions, and six nonprecedential orders.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 One of the nonprecedential opinions affirms four final written decisions of the Patent Trial and Appeal Board, determining all claims are unpatentable over asserted prior art. The other nonprecedential opinion affirms a decision of the Merit Systems Protections Board. Two of the nonprecedential orders transfer appeals to other United States appellate courts. Four of the nonprecedential orders are dismissals.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 – December 20, 2023
This morning, the Federal Circuit released one precedential opinion, two nonprecedential opinions, and seven nonprecedential orders. The precedential opinion addresses an appeal from an arbitration regarding removal from a government agency. Both of the nonprecedential opinions come in patent cases. One addresses a rejection of patent claims as ineligible and obvious. The other addresses an appeal from a final written decision of the Patent Trial and Appeal Board in an inter partes review, which found the claims at issue unpatentable. Six of the orders are dismissals and the seventh remands a case to the Court of Federal Claims. Here are the introductions to the opinions, selected text from the remand order, and links to the dismissals.
Opinions & Orders – December 8, 2023
Today the Federal Circuit released four nonprecedential opinion in pro se cases. The court also released three nonprecedential orders. One affirms a dismissal in a pro se case, one grants a summary affirmance, and one grants a dismissal. Here are the introductions to the opinions, the introduction to the order affirming the dismissal, and links to the other orders.
Opinions & Orders – September 12, 2023
This morning, the Federal Circuit released four nonprecedential opinions and four Rule 36 summary affirmances. One of the opinions comes in a patent case addressing an appeal from eight final written decisions from the Patent Trial and Appeal Board. Another of the opinions dismisses for lack of jurisdiction an appeal from the Court of Appeals for Veterans Claims. The final two opinions address appeals from the same pro se plaintiff from judgments of the Merit Systems Protection Board. Here are the introductions to the opinions and links to the summary affirmances.
Update on Important Panel Activity
Here is this month’s 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 three opinions, two in takings cases and one in a vaccine case, and a summary affirmance in a case appealed from the Merit Systems Protection Board. We also highlight reply brief in a patent case and oral arguments in two cases, a patent case and a case appealed from the Merit Systems Protection Board. Here are the details.
Argument Recap – Besanceney v. Department of Homeland Security
Earlier this month, the Federal Circuit heard oral argument in Besanceney v. Department of Homeland Security. In this case, the Federal Circuit reviewed a finding by the Merit Systems Protection Board that disclosures made by Besanceney, a criminal investigator for the Transportation Security Administration, were not protected under the Whistleblower Protection Enhancement Act. Notably, this case was decided via a summary affirmance the day after oral argument was heard. This is our argument recap.