Opinions

Opinions & Orders – April 4, 2024

This morning, the Federal Circuit released two precedential opinions, one nonprecedential opinion, one Rule 36 summary affirmance, and one nonprecedential order. One of the two precedential opinions affirms a summary judgment by a district court in a patent case. The other precedential opinion resolves an appeal from a judgment of the United States Court of International Trade. The nonprecedential opinion addresses an appeal from a judgment of the Merit Systems Protection Board. Finally, the order denies a petition for writ of mandamus seeking to order the Western District of Texas to transfer a case to the Northern District of California. Here are the introductions to the opinions, selected text from the order, and a link to the summary affirmance.

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Opinions

Opinions & Orders – March 4, 2024

This morning and late Friday, the Federal Circuit released one precedential opinion, two nonprecedential opinions, and three nonprecedential orders. They precedential opinion addresses a pro se appeal from an arbitrator’s decision regarding termination from the Federal Bureau of Prisons. One of the nonprecedential opinions addresses an appeal from a final decision of the Armed Services Board of Contract Appeals. The other nonprecedential opinion addresses an appeal from a final written decision of the Patent Trial and Appeal Board. The three orders are dismissals. Here are the introductions to the opinions 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 discussing how a “consortium of patent lawyers and small startups are sounding the alarm at the Federal Circuit over a ruling last year”; and
  • another article about a Federal Circuit ruling that “Intel failed to show that Koniklijke Philips NV’s patent . . . was obvious, and thus invalid, based on several previously published inventions.”
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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This morning, the Federal Circuit released one precedential opinion, two nonprecedential opinions, and one nonprecedential order.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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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 arguing the “full Federal Circuit should reject an ill-conceived request by major players in the repair parts industry” after yesterday’s arguments in a design patent case; and
  • an article discussing how the Federal Circuit agreed “with a lower court’s conclusion that claims in an Eolas Technologies Inc. 1994 web patent weren’t actually valid, handing a win to Google, Amazon and Walmart.”
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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 10, 2024

This morning, the Federal Circuit released one precedential opinion, three nonprecedential opinions, and one Rule 36 summary affirmance. The precedential opinion, which drew a dissent from Judge Reyna, reverses and remands a decision by the Trademark Trial and Appeal Board cancelling the registration of a trademark. One nonprecedential opinion addresses an appeal from a Veteran’s Court decision, which is ultimately dismissed due to lack of jurisdiction. Another nonprecedential opinion affirms a decision from the Patent Trial and Appeal Board finding a claim unpatentable as obvious. Finally, another nonprecedential opinion affirms a dismissal by the Court of Federal Claims. Late yesterday, the Federal Circuit also released three nonprecedential orders dismissing appeals. Here are the introductions to the opinions and links to the summary affirmance and 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 12, 2023

Today the Federal Circuit released three nonprecedential opinions, one in a patent case appealed from the Patent Trial and Appeal Board and two in pro se cases. The court also released two nonprecedential orders, one granting a motion to withdraw a petition and one dismissing an appeal. Here are the introductions to the opinions and first order and a link to the second order.

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Opinions

Opinions & Orders – December 6, 2023

This morning, the Federal Circuit released one precedential opinion in a trade case appealed from the Court of International Trade and four nonprecedential opinions in pro se cases. The Federal Circuit also released four nonprecedential orders, three granting summary affirmances and one dismissing an appeal. Here are the introductions to the opinions and links to the orders.

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