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, the Court requested a response to a petition in a patent case concerning obviousness, and two amicus briefs were filed in the same patent case concerning obviousness. In addition, the Court denied the petitions in three patent cases and one pro se case, and the Court dismissed the petitions in five pro se cases. Here are the details.

Read More
Opinions

Opinions & Orders – January 25, 2024

This morning, the Federal Circuit released five nonprecedential orders. Two transfer cases to district courts, one transfers a case to another federal appellate court, and another remands a case to the Court of International Trade. The fifth order dismisses an appeal. Late yesterday, the Federal Circuit released three nonprecedential orders, each dismissing an appeal. Here are the introductions to the transfer and remand orders and links to the dismissals.

Read More
Opinions

Opinions & Orders – November 9, 2023

This morning, the Federal Circuit released five nonprecedential opinions and two Rule 36 summary affirmances. Three of the opinions address appeals of decisions of the Merit Systems Protection Board. The fourth addresses a pro se appeal from a judgment of the Court of Appeals for Veterans Claims. The fifth affirms a decision of the Court of Federal Claims to dismiss a case for lack of subject matter jurisdiction. Here are the introductions to the opinions and links to the summary affirmances.

Read More
Opinions

Opinions & Orders – October 4, 2023

This morning, the Federal Circuit released two nonprecedential opinions and three nonprecedential orders. One opinion dismisses an appeal for lack of jurisdiction. Another opinion affirms a decision of the Merit Systems Protection Board to sustain the removal of a former employee of the Army. Two of the orders transfer cases to district courts and the third transfers a case to the Court of Appeals for the Eleventh Circuit. Here are the introductions to the opinions and text from the orders.

Read More
Opinions

Opinions & Orders – September 20, 2023

This morning, the Federal Circuit released one precedential opinion, two nonprecedential opinions, and one nonprecedential order. The precedential opinion comes in a patent case and addresses an appeal from a district court’s judgment that claims are invalid for lack of enablement. One of the two nonprecedential opinions stems from another patent case where the Patent Trial and Appeal Board found numerous claims unpatentable. The second nonprecedential opinion addresses an appeal from a judgment of the Merit Systems Protection Board. The order dismisses an appeal. Here are the introductions to the opinions and a link to the order.

Read More
Opinions

Opinions & Orders – September 18, 2023

This morning, the Federal Circuit released six nonprecedential dismissals and one nonprecedential erratum. Late Friday, the Federal Circuit also released another nonprecedential dismissal. Here are links to the dismissals and the erratum.

Read More
Opinions

Opinions & Orders – June 14, 2023

Late yesterday and this morning, the Federal Circuit released two opinions, one precedential and one nonprecedential, both in patent cases and both addressing obviousness. Additionally, the court released five nonprecedential orders, one transferring a case to another court, one summarily affirming a judgment, one granting a motion to remand a case, and two dismissing appeals. Additionally, the court released four summary affirmances and an erratum. Here are the introductions to the opinions and orders and links to the dismissals, summary affirmances, and the erratum.

Read More
Opinions

Opinions & Orders – June 8, 2023

Late yesterday and this morning, the Federal Circuit released two nonprecedential opinions: one in a patent case appealed from the Patent Trial and Appeal Board and one in a tax case appealed from the Court of Federal Claims. The Federal Circuit also released eight nonprecedential orders: one summarily affirming a dismissal for lack of jurisdiction by the Court of Federal Claims, two transferring cases to other circuit courts, one deactivating and dismissing appeals, and four dismissing appeals. Here are the introductions to the opinions and orders and links to the dismissals.

Read More
Opinions

Opinions & Orders – May 30, 2023

This morning, the Federal Circuit released a precedential opinion in a case appealed from the Court of Federal Claims addressing entitlement to military disability retirement pay. The court also released a nonprecedential opinion in a pro se case appealed from Merit Systems Protection Board. Here are the introductions to the opinions.

Read More
Opinions

Opinions & Orders – May 24, 2023

This morning, the Federal Circuit released a precedential opinion in a patent case involving analysis of pre-AIA first-to-invent provisions. Notably, Judge Dyk dissented. The court also released a nonprecedential opinion in a case appealed from the Merit Systems Protection Board, along with a nonprecedential order dismissing a case. Here are the introductions to the opinions and a link to the order.

Read More