Opinions

Opinions & Orders – October 25, 2023

This morning, the Federal Circuit released one precedential opinion and four nonprecedential orders. The precedential opinion rejects the argument the Patent Trial and Appeal Board failed to address several arguments made in two inter partes review proceedings. The court found no error in the how the Board understood the arguments at issue, but in a dissenting opinion Judge Dyk disagrees with the court. Two of the four orders are dismissals, while the other two transfer cases—one to a circuit court of appeals and another to a district court. Here is the introduction to the precedential opinion, selected text from the transfers, and links to the dismissals.

Read More
Opinions

Opinions & Orders – October 19, 2023

This morning, the Federal Circuit released one precedential opinion, four nonprecedential opinions, and three nonprecedential orders. The precedential opinion reverses a judgement of the Patent Trial and Appeal Board based on an erroneous claim construction. The first nonprecedential opinion addresses an appeal from a judgment in a takings case; the second resolves an appeal from a judgment of a district court, which construed certain claims in a means-plus-function format and held those claims as indefinite under that construction; the third addresses subject matter jurisdiction; the fourth comes in a pro se case. One of the orders denies a petition to transfer a case; the other two orders are dismissals. Here are the introductions to the opinions, selected text from the order denying the petition, and links to the dismissals.

Read More
Opinions

Opinions & Orders – October 6, 2023

This morning, the Federal Circuit released two precedential opinions, one nonprecedential opinion, three nonprecedential orders, and two Rule 36 judgments. The precedential opinions address appeals from judgements of the Patent Trial and Appeal Board related to the patentability of claims. The nonprecedential opinion addresses an appeal from a judgment in a patent case decided by a Texas district court. One nonprecedential order transfers a case, and two are dismissals. Here are the introductions to the opinions, text from the transfer order, and links to the dismissals and Rule 36 judgments.

Read More
Opinions

Opinions & Orders – September 25, 2023

Today, the Federal Circuit released a nonprecedential opinion and a nonprecedential order. The opinion addresses an appeal in a patent case in which a district court found patent claims invalid as indefinite. The order denies a petition for writ of mandamus seeking to order a judge of the International Trade Commission to vacate an order preventing a witness from testifying. Here are the introductions to the opinion and the order.

Read More
En Banc Activity

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. Since our last update, the court denied an en banc petition in a patent case. That’s it Here are the details.

Read More
Opinions

Opinions & Orders – July 12, 2023

This morning, the Federal Circuit released two opinions: a precedential opinion in a patent case addressing the patentability of reissue claims and a nonprecedential opinion addressing the Court of Federal Claims’ subject matter jurisdiction. The court also released two summary affirmances. Here are the introductions to the opinions and links to the summary affirmances.

Read More
Opinions

Opinions & Orders – June 14, 2023

Late yesterday and this morning, the Federal Circuit released two opinions, one precedential and one nonprecedential, both in patent cases and both addressing obviousness. Additionally, the court released five nonprecedential orders, one transferring a case to another court, one summarily affirming a judgment, one granting a motion to remand a case, and two dismissing appeals. Additionally, the court released four summary affirmances and an erratum. Here are the introductions to the opinions and orders and links to the dismissals, summary affirmances, and the erratum.

Read More
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 obviousness, a response brief addressing standards governing reissue, and denials of two petitions presenting questions related to definiteness and claim construction. Here are the details.

Read More
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.

Read More
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.

Read More