Opinions

Opinions & Orders – March 25, 2024

This morning, the Federal Circuit released one precedential opinion, one nonprecedential opinion, and four nonprecedential orders. The precedential opinion concerns a “seven-day trip of two transcatheter heart valve systems in and out of San Francisco”—and whether this act of “importation” was exempt from patent infringement under the safe harbor provision of 35 U.S.C. § 271(e)(1). Judge Lourie dissented from the majority’s interpretation of the relevant statutory language and precedent to exempt infringement in this situation. The nonprecedential opinion addresses an appeal from a decision of the Court of Appeals for Veterans Claims affirming the denial of fees. The orders are dismissals. Here are the introductions to the opinions and links to the orders.  

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Opinions

Opinions & Orders – March 21, 2024

This morning, the Federal Circuit released four nonprecedential opinions and two nonprecedential orders. One of the opinions addresses an appeal from a judgment of the Court of Federal Claims. Another one of the opinions addresses an appeal from a summary judgment holding asserted patent claims ineligible for patenting. The remaining two opinions address appeals from judgments of the Patent Trial and Appeal Board finding certain claims unpatentable. The orders are both dismissals. Here are the introductions to the opinions and links to the orders.

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Opinions

Opinions & Orders – March 13, 2024

This morning, the Federal Circuit released one nonprecedential opinion and three nonprecedential orders. The opinion addresses an appeal from a judgment of the Patent Trial and Appeal Board and attends to arguments related to claim construction and the determination of analogous art for purposes of a nonobviousness analysis. The orders are dismissals. Here is the introduction to the opinion and links to the orders.

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Opinions

Opinions & Orders – October 27, 2023

This morning, the Federal Circuit released four nonprecedential orders. One order summarily affirmed a judgment of the Court of Federal Claims; one order denied a petition for a writ of mandamus seeking to vacate an order transferring a patent case from the Northern District of Illinois to the Eastern District of Texas; and two orders dismissed appeals. Here is selected text from the summary affirmance and denial of the petition and links to the dismissals.

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News

Recent News on the Federal Circuit

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

  • an article about “a bid by Apple Inc, Google Inc, Intel Corp and others to revive their challenge to a U.S. Patent and Trademark Office policy that made it harder to contest the validity of patents issued by the agency”;
  • another article about the Federal Circuit’s skepticism about “allegations that [Facebook’s] news feed infringed on Usability Sciences’ 2014 patent”; and
  • a blog post about the Federal Circuit denying a petition for a writ of mandamus filed by Amazon.com, Inc.
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