Opinions

Opinions & Orders – April 3, 2024

This morning, the Federal Circuit released four nonprecedential opinions, one nonprecedential order, and six Rule 36 summary affirmances. One of the opinions addresses an appeal challenging several orders of a district court in a patent case. Another of the opinions challenges a final written decision of the Patent Trial and Appeal Board in an inter partes review proceeding. The other two opinions address appeals from judgments of the Merit Systems Protection Board and the Court of Appeals for Veterans Claims. The nonprecedential order denies a petition for writ of mandamus seeking to direct the Trademark Trial and Appeal Board to vacate an order staying proceedings. Here are the introductions to the opinions, selected text from the order, and links to the summary affirmances.

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Opinions

Opinions & Orders – January 24, 2024

This morning, the Federal Circuit released one precedential opinion, one nonprecedential opinion, and six nonprecedential orders. The precedential opinion addresses an appeal from a judgment of the Armed Services Board of Contract Appeals. The nonprecedential opinion addresses an appeal from a judgment of the Merit Systems Protection Board. One order transfers a case, and the others are dismissals. Here are the introductions to the opinions and transfer order and links to the dismissals.

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Opinions

Opinions & Orders – January 9, 2024

This morning, the Federal Circuit released one precedential opinion, four nonprecedential opinions, and two nonprecedential orders. The precedential opinion addresses an appeal involving two inter partes review proceedings, affirming decisions on claim construction and prior art challenges related to biomolecule identification. One nonprecedential opinion affirms Patent Trial and Appeal Board findings on obviousness and its decisions regarding evidence and discovery. Two nonprecedential opinions address appeals from the Merit Systems Protection Board, with one affirming the Board’s decision sustaining the removal of an employee and the other affirming the Board’s determination that it lacked jurisdiction. The final nonprecedential opinion affirms a district court’s conclusion that certain patent claims are ineligible, with a partial dissent related to claim construction and analysis of inventive concept. The nonprecedential orders are dismissals. Here are the introductions to the opinions and links to the dismissals.

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Opinions

Opinions & Orders – December 7, 2023

This morning, the Federal Circuit released a precedential opinion in a patent case and six nonprecedential opinions in pro se cases. The court also released five nonprecedential orders: five summary affirm appeals and one grants a dismissal. Here are the introductions to the opinions and links to the orders.

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Opinions

Opinions & Orders – December 23, 2022

This morning the Federal Circuit released three nonprecedential orders. Two dismiss appeals and one denies a motion to stay a mandate. Here is \ text from the order and a link to the dismissals.

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Opinions

Opinions & Orders – August 9, 2022

This morning the Federal Circuit released a precedential opinion in a case appealed from the Merit Systems Protection Board and a nonprecedential opinion in a case appealed from the Court of Federal Claims. The Federal Circuit also released two nonprecedential orders. One denies a writ of mandamus seeking disqualification of the district court judge; one denies a writ of mandamus to transfer an appeal from the Western District of Texas to the District of Massachusetts. Here are the introductions to the opinions and text from the orders.

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Panel Activity

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 dispositions in a veterans case appealed from the Court of Appeals for Veterans Claims, a patent case appealed from a federal district court, and a tax case appealed from the Court of International Trade. We also highlight a new patent case raising a question related to personal jurisdiction and service of process, along with a copyright case that attracted five new amicus briefs. Here are the details.

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Opinions / Panel Activity

Opinion Summary – National Association of Manufacturers v. Department of the Treasury

On August 23 the Federal Circuit issued its opinion in National Association of Manufacturers v. Department of the Treasury, a case we have been following because it attracted an amicus brief. The case was argued before Judges Lourie, Prost, and Reyna. These judges considered whether regulations promulgated by the Department of Treasury to curtail “double drawback” (two tax refunds for the same exported merchandise) are invalid. Judge Reyna authored the majority opinion in the case, affirming the U.S. Court of International Trade’s judgment finding the regulations to be invalid. This is our opinion summary. 

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Opinions

Opinions & Orders – August 23, 2021

This morning the Federal Circuit issued a precedential opinion in a tax case appealed from the Court of International Trade and a nonprecedential opinion in a patent case appealed from the Patent Trial and Appeal Board. Here are the introductions to the opinions.

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Opinions

Opinions & Orders – June 14, 2021

This morning the Federal Circuit issued a precedential opinion concerning a petition for review of the Merit Systems Protection Board, a nonprecedential opinion in a trademark case, and a Rule 36 judgment. Here are the introductions to the opinions and a link to the Rule 36 judgment.

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