Opinions

Opinions & Orders – February 7, 2024

This morning, the Federal Circuit released one precedential opinion, two nonprecedential opinions, and one nonprecedential order. The precedential opinion addresses an appeal from a judgment of the Patent Trial and Appeal Board—challenging both the Board’s claim construction and asserting that the Board’s decision violates the Administrative Procedure Act. The two nonprecedential opinions address appeals from decisions of the Merit Systems Protection Board, with one opinion sparking a dissent from Judge Reyna. The order grants a voluntary withdrawal of a petition for review. Here are the introductions to the opinions and a link to the order.  

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Opinions

Opinions & Orders – February 5, 2024

This morning, the Federal Circuit released two nonprecedential opinions and six nonprecedential orders. The first opinion addresses a challenge to a district court’s construction of certain claim terms in a patent case. The second dismisses for lack of jurisdiction an appeal from the Court of Appeals for Veterans Claims. Two orders transfer appeals (one to a district court and another to an appellate court), one denies a petition for a writ of mandamus, two dismiss appeals, and one grants a summary affirmance. Here are the introductions to the opinions, selected text from the transfer and denial orders, and links to the dismissals and summary affirmance.

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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This morning, the Federal Circuit released one precedential opinion, one nonprecedential opinion, and six nonprecedential orders.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 The nonprecedential opinion addresses an appeal from a judgment of the Merit Systems Protection Board.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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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 veterans case; two reply briefs in support of petitions were filed in a patent case and a veterans case; and the Court denied certiorari in three patent cases, three veterans cases, a trade case, a Fair Labor Standards Act case, and a pro se case. 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, one in a veterans case and one in a pro se case. Additionally a waiver of right to respond was filed in a pro se case and an amicus brief was filed in a patent case raising a question related to the Federal Vacancies Reform Act. Finally, the Court denied petitions in a Tucker Act case and in a takings case. Here are the details.

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Opinions

Opinions & Orders – November 17, 2023

This morning, the Federal Circuit released one nonprecedential opinion and three nonprecedential orders. The opinion addresses an appeal in a patent case, disputing the Patent Trial and Appeal Board’s claim construction and ultimate decision declaring certain claims unpatentable. The orders are dismissals. Here is the introduction to the opinion and links to the orders.

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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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