Opinions

Opinions & Orders – November 7, 2023

This morning, the Federal Circuit released two precedential opinions, three nonprecedential opinions, and four nonprecedential orders. One precedential opinion addresses an appeal from an inter partes review final written decision in a patent case. The other precedential opinion addresses an appeal from a decision of the Court of Appeals for Veterans Claims. The nonprecedential opinions address appeals related to decisions of the Merit Systems Protection Board. Of the four orders, one transfers a case and the remaining three are dismissals. Here are the introductions to the opinions, selected text from the transfer and links to the dismissals.

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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, yesterday the Supreme Court heard oral argument in a trademark case, Vidal v. Elster. With respect to petitions, two new petitions were filed with the Court in a trade case and a pro se case; an amicus brief was filed in a patent case addressing joinder in inter partes review proceedings. Finally, the Court denied petitions in a trade case and in two pro se cases. Here are the details.

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Opinions

Opinions & Orders – October 31, 2023

Happy Halloween! This morning, the Federal Circuit released one nonprecedential opinion. It addresses an appeal from a judgment of the Merit Systems Protection Board. Here is the introduction to the opinion.

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Opinions

Opinions & Orders – October 30, 2023

This morning, the Federal Circuit released five nonprecedential orders. One order transfers an appeal to another circuit court of appeals; one order transfers an appeal to a district court; and one order denies a petition for a writ of mandamus. The two remaining orders are dismissals: one dismisses for lack of jurisdiction, and another grants a motion to voluntarily dismiss. Late Friday, the Federal Circuit also released another nonprecedential order that dismissed an appeal. Here are previews of selected orders and links to dismissals.

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Opinions

Opinions & Orders – October 25, 2023

This morning, the Federal Circuit released one precedential opinion and four nonprecedential orders. The precedential opinion rejects the argument the Patent Trial and Appeal Board failed to address several arguments made in two inter partes review proceedings. The court found no error in the how the Board understood the arguments at issue, but in a dissenting opinion Judge Dyk disagrees with the court. Two of the four orders are dismissals, while the other two transfer cases—one to a circuit court of appeals and another to a district court. Here is the introduction to the precedential opinion, selected text from the transfers, and links to the dismissals.

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Opinions

Opinions & Orders – October 19, 2023

This morning, the Federal Circuit released one precedential opinion, four nonprecedential opinions, and three nonprecedential orders. The precedential opinion reverses a judgement of the Patent Trial and Appeal Board based on an erroneous claim construction. The first nonprecedential opinion addresses an appeal from a judgment in a takings case; the second resolves an appeal from a judgment of a district court, which construed certain claims in a means-plus-function format and held those claims as indefinite under that construction; the third addresses subject matter jurisdiction; the fourth comes in a pro se case. One of the orders denies a petition to transfer a case; the other two orders are dismissals. Here are the introductions to the opinions, selected text from the order denying the petition, and links to the dismissals.

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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, a reply brief was filed in Rudisill v. McDonough, a veterans case. With respect to pending petitions, two new petitions were filed with the Court in a veterans case and in a pro se case, and a waiver of right to respond was filed in a patent case addressing both joinder in inter partes review proceedings and the Federal Vacancies Reform Act. Additionally, a brief in opposition was filed in a Tucker Act case and two reply briefs in support of petitions were filed in two different cases, one in a trade case presenting questions related to separation of powers and steel tariffs and one in a patent case addressing joint inventorship. Finally, the Court denied petitions in one patent 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, a merits brief and an amicus brief were filed in Vidal v. Elster, a trademark case concerning the First Amendment. With respect to petitions, three new petitions were filed with the Court in two patent cases addressing eligibility and prosecution laches respectively and in a takings case. Additionally, waivers of right to respond were filed in the patent case addressing prosecution laches and in a pro se case, and a supplemental brief was filed with the Court in a patent case addressing eligibility. Finally, three amicus briefs were filed in a patent case addressing judicial review of determinations whether to institute inter partes review proceedings. Here are the details.

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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.

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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, an amicus brief was filed in support of respondent in Vidal v. Elster. With respect to petitions, two new petitions in two pro se cases were filed with the Court. Additionally, the government waived its right to respond to petitions in an employment case and in a pro se case. Here are the details.

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