FedCircuitBlog

This morning, the Federal Circuit released two precedential opinions. One of the opinions comes in a patent cases addressing claim construction. The other also comes in a patent case, this one challenging instructions the Director of the Patent and Trademark Office had given to the Patent Trial and Appeal Board related to its authority to decline petitions for inter partes review. The court also released three nonprecedential opinions. The first comes in an appeal of a decision of the Patent Trial and Appeal Board; the second comes in a patent infringement case and addresses an award of enhanced damages; and the third comes in a pro se appeal of a decision of the Court of Federal Claims. The Federal Circuit also released nine nonprecedential orders. Three transfer matters; three dismiss appeals; one remands a case; and two deny petitions for writs of mandamus. Finally, the court also released a Rule 36 judgment. Here are the introductions to the opinions and orders other than dismissals, along with links to the dismissals and Rule 36 judgment.

This morning, the Federal Circuit released one precedential opinion, two nonprecedential opinions, and one nonprecedential order. The precedential opinion comes in a patent infringement case, answering the question whether an accused product infringes when it does not perform claim limitations in an allegedly required sequence. Both nonprecedential opinions come in appeals from decisions of the Court of Appeals for Veterans Claims, one of which is a pro se appeal. The nonprecedential order dismisses an appeal. Here are the introductions to the opinions and a link to the order.

Late yesterday, the Federal Circuit released a nonprecedential opinion dismissing an appeal. This morning, the court released two precedential opinions, four nonprecedential opinions, and a Rule 36 judgment. One of the precedential opinions comes in an appeal of a decision of the Court of Appeals for Veterans Claims; the other comes in an appeal of a decision of the Merit Systems Protection Board. Of the nonprecedential opinions, one comes in appeals of a decision of the Patent Trial and Appeal Board; another comes in an appeal of a decision of the Trademark Trial and Appeal Board; another comes in a pro se appeal of a decision of the Court of Federal Claims; and the fourth comes in the form of a pro se petition for review of an arbitrator’s decision. Here are the introductions to the opinions and links to the judgment and yesterday’s dismissal.

This morning, the Federal Circuit released three nonprecedential opinions and five nonprecedential orders. The first opinion comes in a pro se appeal of a decision of the International Trade Commission in a patent case; the second opinion comes in a pro se appeal of a decision of the Court of Appeals for Veterans Claims; and the third opinion comes in a pro se appeal of a decision of the Court of Federal Claims. One of the orders grants a motion to permit an appearance for the purpose of withdrawing an appeal; the other four dismiss appeals. Here are the introductions the opinions and links to the orders.

This morning, the Federal Circuit released six nonprecedential opinions and one nonprecedential order dismissing an appeal. Two of the opinions come in patent cases; two come in appeals of decisions of the Court of Federal Claims, one of which involves a pro se party; one comes in a pro se appeal of a decision of the Merit Systems Protection Board; and one comes in an appeal of a decision of the Armed Services Board of Contract Appeals. Here are the introductions to the opinions and a link to the dismissal.

This morning, the Federal Circuit released one precedential opinion, one nonprecedential opinion, and one nonprecedential order. The precedential opinion and one of the nonprecedential opinions come in appeals of decisions of the Court of Appeals for Veterans Claims. The other nonprecedential opinion comes in an appeal of a decision of the Patent Trial and Appeal Board. The order addresses a petition. Here are introductions to the opinions and order.

Late yesterday, the Federal Circuit released three nonprecedential orders. As we separately noted, in one of these orders the en banc Federal Circuit stayed the Court of International Trade’s injunctions of President Trump’s tariffs. In yesterday’s other two nonprecedential orders, the court dismissed appeals. This morning, the Federal Circuit released one precedential opinion and one nonprecedential opinion. The precedential opinion comes in a patent case, in which the court affirmed two final written decisions of the Patent Trial and Appeal Board. In the nonprecedential opinion, the court dismissed a case appealed from the Merit Systems Protection Board. Here are the introductions to the opinions and orders (other than yesterday’s en banc order, which can be found here) and links to the dismissals.

This morning the Federal Circuit released three nonprecedential opinions and four nonprecedential orders. The first opinion affirms a judgment of the Patent Trial and Appeal Board, the second affirms a dismissal by the Court of Federal Claims for lack of jurisdiction, and the third affirms a judgment of the Office of Personnel Management. The first order transfers an appeal to the Court of Appeals for the Second Circuit, and all the other orders are dismissals. Here are the introductions to the opinions and the first order and links to the dismissals.

This morning the Federal Circuit released two precedential opinions, four nonprecedential opinions, and one nonprecedential order. The first precedential opinion comes in an en banc design patent case. In it, the en banc court overruled the long-standing Rosen-Durling test used to assess the nonobviousness of design patents. Notably, Judge Lourie concurred in the judgment, suggesting it was unnecessary to overrule Rosen and Durling. In the second precedential opinion, a panel vacated and remanded a judgment of Central District Court of California in a patent infringement case over a dissent by Judge Mayer. As for the nonprecedential opinions, the first affirms two separate dismissals by the Merit Systems Protection Board in a pro se case, the second affirms a judgment of the Patent Trial and Appeal Board, the third dismisses an appeal in a veterans case for lack of jurisdiction, and the fourth affirms another dismissal by the Merit Systems Protection Board for lack of jurisdiction. The nonprecedential order is a dismissal. Here are the introductions to the opinions and links to the orders.

This morning, the Federal Circuit released one nonprecedential opinion and five Rule 36 summary affirmances. The opinion addresses an appeal from a judgment of the Merit Systems Protection Board. Here is the introduction to the opinion and links to the summary affirmances.