Opinions

Opinions & Orders – October 6, 2022

Late yesterday and this morning the Federal Circuit released a nonprecedential opinion in a veterans case appealed from the Court of Appeals for Veterans Claims; two nonprecedential orders dismissing appeals for failure to prosecute; and two Rule 36 judgments. Here is the introduction to the opinion and links to the dismissals and Rule 36 judgments.

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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:

  • a blog post about Judge Albright granting a motion to transfer venue while determining “the Federal Circuit had reached conclusions different from the Fifth Circuit on what Fifth Circuit law was”;
  • another blog post about a Supreme Court petition that “seek[s] clarification of the collateral estoppel doctrine” applied by the Federal Circuit to patent infringement litigation after a patent is invalidated in a proceeding before the Patent Trial and Appeal Board; and
  • an article about Formula One settling a patent infringement suit over a mandatory safety feature.
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Opinions

Opinions & Orders – September 16, 2022

Late yesterday and this morning, the Federal Circuit released four nonprecedential orders. One vacates an order issued by the Court of Federal Claims and remands the case in view of a recent decision of the Supreme Court related to the constitutionality of a fee increase; one grants an unopposed motion to remand a case to the Patent Trial and Appeal Board based on an admission by the Director of the Patent and Trademark Office of error by the Board; one grants a joint motion to dismiss an appeal; and one dismisses an appeal for failure to prosecute. Here is the text from the orders and links to the dismissals.

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En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court invited a response to a petition raising a question related to the ability of a Federal Circuit panel to nullify or render advisory an earlier judgment of the court. The court also denied a petition raising questions related to transfers of cases. Here are the details.

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Opinions

Opinions & Orders – June 15, 2022

This morning the Federal Circuit released a nonprecedential opinion in a trade case appealed from the Court of International Trade. The Federal Circuit also released a nonprecedential order dismissing an appeal and three Rule 36 judgments. Here is the introduction to the opinion, text from the order, and links to the Rule 36 judgments.

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En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received two new petitions raising questions related to transfers of cases and the ability of a Federal Circuit panel to nullify or render advisory an earlier judgment of the court. The court also received a response to a petition raising questions related to means-plus-function limitations. Here are the details.

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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, “[o]nce thought to be a toss-up, the Federal Circuit is now ruling for appellees nearly twice as often as appellants”;
  • another article addressing how a recent Federal Circuit decision “shows [a] less rigid analysis” of corroboration of inventorship; and
  • a third article highlighting several pending Supreme Court petitions in patent cases, including more than one that “raise important questions on Section 101 patent eligibility jurisprudence.”
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Opinions

Opinions & Orders – May 23, 2022

This morning the Federal Circuit released a nonprecedential opinion in a patent case appealed from the Patent Trial and Appeal Board. Notably, Judge Newman dissented. The Federal Circuit also released a nonprecedential order granting petitions to order the Eastern District of Texas to transfer three consolidated cases to the Northern District of California. Here is the introduction to the opinion and text from the order.

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Opinions

Opinions & Orders – May 19, 2022

This morning the Federal Circuit released two precedential opinions. The first comes in a case appealed from the Merit Systems Protection Board; the second comes in a case appealed from the Patent Trial and Appeal Board. The Federal Circuit also released a nonprecedential opinion in another patent case appealed from the Patent Trial and Appeal Board. Notably, in this case Judge Newman dissented without opinion. Finally, the court released an erratum. Here are the introductions to the opinions and a link to the erratum.

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Opinions

Opinions & Orders – May 11, 2022

This morning the Federal Circuit released two precedential opinions. The first comes in a veterans case appealed from the Court of Appeals for Veterans Claims. Notably, Judge Newman dissented. The second comes in a patent case appealed from the Central District of California. The court also released a nonprecedential opinion in a patent case appealed from the District of Utah. Finally, the court released three nonprecedential orders. One denies a petition to transfer a case to the Northern District of California; one dismisses an appeal for lack of jurisdiction and denies petitions for writs of mandamus; and one denies a petition and cross-petition to appeal from an order of the Northern District of California. Here are the introductions to the opinions and text from the orders.

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