Opinions

Opinions & Orders – January 30, 2024

This morning, the Federal Circuit released one precedential opinion and one nonprecedential opinion. The precedential opinion vacates and remands a case after finding that the Court of Appeals for Veterans Claims applied an incorrect legal standard. The nonprecedential opinion affirms a judgment of the Merit Systems Protections Board. Here are the introductions to the opinions.

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Opinions

Opinions & Orders – November 6, 2023

This morning, the Federal Circuit released one precedential opinion, one nonprecedential opinion, and six nonprecedential orders. The precedential opinion comes in an appeal in a patent case involving a challenge to a claim construction and addresses the use of extrinsic evidence in consideration of the claim construction. The nonprecedential opinion addresses a petition for review of a final order of the Merit Systems Protection Board. Of the six orders, one transfers an appeal to the Court of Appeals for the Ninth Circuit, and the remaining five orders are dismissals. Here are the introductions to the opinions, selected text from the transfer order, and links to the dismissals.

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Opinions

Opinions & Orders – August 30, 2023

This morning, the Federal Circuit released three nonprecedential opinions and one nonprecedential order. One opinion addresses an argument that the Patent Trial and Appeal Board adopted erroneous constructions of claim terms. Another opinion addresses an appeal from a summary judgment holding claims invalid for lack of eligibility. The final opinion, also from a patent case, addresses the enforceability of an arbitration agreement and a finding of indefiniteness. The nonprecedential order grants a voluntary dismissal. Here are the introductions to the opinions and a link to the dismissal.

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Opinions

Opinions & Orders – August 4, 2023

Today, the Federal Circuit released a nonprecedential opinion in a takings case. Late Thursday and this morning, the court also released five nonprecedential orders: four dismissing appeals and one erratum. Here is the introduction to the opinion and links to the dismissals and the erratum.

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Opinions

Opinions & Orders – May 17, 2023

This morning, the Federal Circuit released a nonprecedential opinion in a pro se case appealed from the Merit Systems Protection Board. The court also released four nonprecedential orders: one summarily affirming a judgment of the Merit Systems Protection Board, one summarily affirming a judgment of the Court of Federal Claims, one transferring a veteran’s case to the Western District of Texas, and one dismissing an appeal. Here are the introductions to the opinion and orders and a link to the dismissal.

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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, there is no new activity to report since our last update. With respect to petitions, one new petition was filed with the Court in a pro se case; two parties and the government waived their right to respond in a patent case and two pro se cases; the Solicitor General filed an amicus brief expressing the views of the United States in a patent case; four amicus brief were filed in a veterans case; and the Court denied certiorari in a Merit Systems Protection Board case and two 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, there is no new activity to report since our last update. With respect to petitions, two new petitions were filed with the Court in patent cases, and the government waived its right to respond in three cases. Here are the details. 

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Opinions

Opinions and Orders – February 27, 2023

This morning the Federal Circuit released one precedential opinion and two nonprecedential opinions.  In the precedential opinion, the court dismissed a case appealed from the Merit Systems Protection Board. In the first nonprecedential opinion, the court affirmed a judgment of the the Court of Federal Claims. In the second nonprecedential opinion, the Federal Circuit affirmed another judgment in an appeal from the Middle District of Florida.  Here are the introductions to the opinions.

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Opinions

Opinions and Orders – February 23, 2023

The morning the Federal Circuit released three nonprecedential opinions and a nonprecedential order. In the first opinion, the court affirmed a judgment of unpatentability in a case appealed from the Patent Trial and Appeal Board.  In the second opinion, the Federal Circuit affirmed a judgment of the Merit System Protection Board.  In the third opinion, the Federal Circuit affirmed a judgment in a patent case appealed from the Eastern District of Texas. The nonprecedential order issued by the Federal Circuit granted a motion to withdraw a petition for a writ of mandamus. Here is the introduction to the opinions and order.

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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. The Court recently granted the motion of the Solicitor General leave to participate in oral argument as amicus curiae in Amgen Inc. v. Sanofi, Aventisub LLC, the pending patent case addressing the enablement patentability requirement. With respect to petitions, two new petitions were filed with the Court, one in a pro se case and another in a Merit Systems Protection Board case; the government filed its brief in opposition in a trade case; one amicus brief was filed in a trademark case and three amicus briefs were filed in a patent case (including, interestingly, an amicus brief on behalf of retired federal appellate judges); and the Court denied six petitions in various patent, veterans, and pro se cases. Here are the details. 

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