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 explaining how the Supreme Court is the “only entity that appears positioned to provide . . . clarity” on patent eligibility;
  • another article discussing how the Federal Circuit affirmed the review power of the temporary head of the Patent and Trademark Office, “sparing the agency from potentially devastating consequences”; and
  • a third article addressing how the Federal Circuit reaffirmed that a patentee has “the burden to offer opposing evidence against the petitioner’s claim” in Patent Trial and Appeal Board proceedings.
Read More
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This morning the Federal Circuit released a nonprecedential opinion in a patent case appealed from the Patent Trial and Appeal Board.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 The Federal Circuit also released a nonprecedential order granting petitions to order the Eastern District of Texas to transfer three consolidated cases to the Northern District of California.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.

Read More
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 The Federal Circuit also released a nonprecedential opinion in another patent case appealed from the Patent Trial and Appeal Board.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.

Read More
Opinions

Opinions & Orders – February 11, 2022

This morning the Federal Circuit issued a precedential opinion in a patent case appealed from the Patent Trial and Appeal Board. The opinion addresses issues related to estoppel as a result of inter partes review. The court also issued two nonprecedential opinions in a patent and employment case, and a nonprecedential order denying a petition for en banc rehearing in a patent case. Notably, with respect to the order, Chief Judge Moore wrote a concurring opinion joined by Judges Newman, O’Malley, Taranto, and Chen, while Judge Prost wrote a dissenting opinion joined by Judges Dyk and Reyna. Finally, the court issued three nonprecedential orders denying and dismissing petitions for writs of mandamus and two Rule 36 judgments. Here are the introductions to the opinions and orders.

Read More
Opinions

Opinions & Orders – December 9, 2021

This morning the Federal Circuit released two nonprecedential opinions affirming dismissals for lack of jurisdiction in pro se cases, along with a Rule 36 summary affirmance. Here are the introductions to the opinion and a link to the Rule 36 judgment.

Read More
Opinions

Opinions & Orders – August 23, 2021

This morning the Federal Circuit issued a precedential opinion in a tax case appealed from the Court of International Trade and a nonprecedential opinion in a patent case appealed from the Patent Trial and Appeal Board. Here are the introductions to the opinions.

Read More
Opinions

Opinions & Orders – March 15, 2021

This morning, the Federal Circuit issued a precedential opinion in an employment case appealed from the Court of Federal Claims. The court also issued four nonprecedential opinions in a veterans case, a case appealed from the Merit Systems Protection Board, a patent case appealed from the Patent Trial and Appeal Board, and another patent case appealed from the International Trade Commission. Here are the introductions to the opinions.

Read More
Opinions

Opinions & Orders – March 5, 2021

This morning, the Federal Circuit issued a nonprecedential opinion in a veterans case and a nonprecedential order denying a petition for an interlocutory appeal. The court also issued two Rule 36 judgments. Here is the introduction to the opinion, text from the order, and links to the Rule 36 judgments.

Read More