Opinions

Opinions & Orders – June 12, 2023

This morning, the Federal Circuit released a precedential opinion in a patent case addressing obviousness. The court also released three nonprecedential opinions, one in a patent case and two in pro se veterans cases. Additionally, the court released a nonprecedential order dismissing an appeal. Here are the introductions to the opinions and a link to the dismissal.

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En Banc Activity

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include a new petition presenting questions related to patent reissue and the written description requirement; two new invitations for response to petitions presenting questions related to patent reissue, the written description requirement, and appellate jurisdiction; and denials of two petitions presenting questions related to the non-obviousness requirement and anticipation. Here are the details.

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Opinions

Opinions & Orders – May 5, 2023

This morning, the Federal Circuit released a precedential opinion affirming the judgment of the Court of Appeals for Veterans Claims in a veterans case. Notably, Judge Dyk concurred with the majority. The Federal Circuit also released two nonprecedential opinions, both in patent cases. Finally the court released three nonprecedential orders summarily affirming judgments. Here are the introductions to the opinions and links to the summary affirmances.

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Opinions

Opinions & Orders – May 4, 2023

This morning, the Federal Circuit released a precedential opinion in a case appealed from the Court of Appeals for Veterans Claims. In the opinion, the Federal Circuit explains why it dismissed the appeal for lack of jurisdiction. The court also released seven nonprecedential orders, six granting summary affirmances under Rule 36 and one dismissing an appeal. Here is the introduction to the opinion and links to the orders.

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Opinions

Opinions and Orders – April 18, 2023

This morning, the Federal Circuit released four nonprecedential opinions and an erratum. In the first opinion, the court dismissed an appeal from the Court of Appeals for Veterans Claims. In the second, the court affirmed a judgment of the Patent and Trial Appeal Board. In the third, the court reversed a judgment of no invalidity in a patent case appealed from the Eastern District of Texas. In the fourth, the Federal Circuit affirmed a judgment in a pro se case appealed from the Court of Federal Claims. Here are the introductions to the opinions and a link to the erratum.

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Opinions

Opinions and Orders – April 11, 2023

This morning, the Federal Circuit released one precedential opinion, two nonprecedential opinions, two nonprecedential orders, and three Rule 36 judgments. In the precedential opinion, the court affirmed a judgment of the Patent Trial and Appeal Board. In the nonprecedential opinions, the court affirmed a judgment of the Merit Systems Protection Board and vacated in part and affirmed in part a judgment of the Court of Federal Claims. In the nonprecedential orders, the Federal Circuit denied a petition for a writ of mandamus to order transfer in a patent case and granted a motion to dismiss an appeal in another patent case. Here are the introductions to the opinions, text from the orders, and links to the Rule 36 judgments.

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Opinions

Opinions and Orders – April 10, 2023

This morning, the Federal Circuit released a nonprecedential opinion and three Rule 36 judgments. In the opinion, the court affirmed a judgment of the Court of Federal Claims dismissing a case for lack of subject matter jurisdiction. Here is the introduction to the opinion and links to the Rule 36 judgments.

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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, on Monday the Court heard oral arguments in Amgen Inc. v. Sanofi, Aventisub LLC. With respect to petitions, four new petitions were filed with the Court in three patent cases and a pro se case. The Court also denied three petitions. Here are the details. 

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Opinions

Opinions and Orders – March 6, 2023

This morning the Federal Circuit released two precedential opinions and four nonprecedential orders. In the first precedential opinion, the court affirmed a case appealed from the Court of Appeals for Veterans Claims. Notably, Judge Newman dissented. In the second precedential opinion, the Federal Circuit affirmed a judgment appealed from the Patent Trial and Appeal Board. In two of the nonprecedential orders, the Federal Circuit denied petitions for writs of mandamus seeking to transfer cases from the Western District of Texas to the Northern District of California. One of the other nonprecedential orders, however, granted in part a petition for a writ of mandamus and, in particular, directed the Western District of Texas to decide a transfer motion. The last nonprecedential order dismissed an appeal. Here are the introductions to the opinions, text from the orders, and a link to the dismissal.

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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, four new petitions were filed with the Court: one in a veterans case, one challenging the Federal Circuit’s use of summary affirmances, and two in pro se cases. The government waived its right to respond in a contract case, and a private party waived its right to respond in the case addressing the Federal Circuit’s use of summary affirmances. Finally, the Court denied a petition in a patent case. Here are the details. 

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