This morning the Federal Circuit released one precedential opinion and two nonprecedential opinions.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 In the first nonprecedential opinion, the court affirmed a judgment of the the Court of Federal Claims. In the second nonprecedential opinion, the Federal Circuit affirmed another judgment in an appeal from the Middle District of Florida.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.
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The morning the Federal Circuit released three nonprecedential opinions and a nonprecedential order.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 The nonprecedential order issued by the Federal Circuit granted a motion to withdraw a petition for a writ of mandamus.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.
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.
Opinions & Orders – September 26, 2022
This morning the Federal Circuit released a precedential order in a personnel case appealed from an arbitrator’s decision. In its opinion, the Federal Circuit reversed the arbitrator’s decision, which had upheld the petitioner’s termination, and remanded the case to the arbitrator based on a violation of the petitioner’s due process rights. The Federal Circuit also released nonprecedential opinions in two cases appealed from the Merit Systems Protection Board. Finally, the Federal Circuit released two nonprecedential orders. One dismisses an appeal and one transfers an appeal due to lack of jurisdiction. Here are the introductions to the opinions, text from the order, and a link to the dismissal.
Opinions & Orders – September 22, 2022
This morning the Federal Circuit released two nonprecedential opinions. The first comes in a patent case appealed from the Central District of California and addresses the on-sale bar; the second comes in a case appealed from the Merit Systems Protection Board. Here are the introductions to the opinions.
Opinions & Orders – January 20, 2022
This morning the Federal Circuit issued three precedential opinions. The first comes in a veterans case appealed from the Court of Appeals for Veterans Claims; the second comes in a takings case appealed from the Court of Federal Claims; and the third comes in a military discharge case appealed from the Court of Federal Claims. The Court also issued five nonprecedential opinions in various cases appealed from the Court of Federal Claims, the Merit Systems Protection Board, and the Court of Appeals for Veterans Claims. Here are the introductions to the opinions.
Opinions & Orders – February 12, 2021
This morning, the Federal Circuit issued a precedential opinion in a patent case and three nonprecedential opinions: one in a veterans case, one in a patent case, and one in a case appealed from the Merit Systems Protection Board. Here are the introductions to the opinions.
Opinions & Orders – January 6, 2021
This morning, the Federal Circuit issued a precedential opinion in a patent case, a nonprecedential opinion in a patent case, a nonprecedential opinion in a case appealed from the Merit Systems Protection Board, and a nonprecedential opinion in a veterans case. The Federal Circuit also issued two Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.
Opinions and Orders – August 21, 2020
This morning, the Federal Circuit issued three precedential opinions in a veterans case, a case appealed from the Merit Systems Protection Board, and a patent case. Here are the introductions to the opinions.
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