Opinions and Orders – March 13, 2023

This morning the Federal Circuit released three precedential opinions, one nonprecedential order, and a Rule 36 judgment. In the first opinion, the Federal Circuit affirmed in part, reversed in part, and remanded to the Northern District of California a case where Apple and other companies are challenging the U.S. Patent and Trademark Office’s so-called Fintiv factors and, in particular, in the decision whether to institute inter partes review proceedings the role of the pendency of district-court infringement litigation involving the same patents. In the second opinion, the court vacated and remanded a judgment in a patent case on appeal from the District of Delaware. In the third opinion, the Federal Circuit reversed and remanded a judgment in a case appealed from the Patent Trial and Appeal Board. Finally, the nonprecedential order dismisses an appeal. Here are the introductions to the opinions and links to the order and Rule 36 judgment.

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