Opinions

Opinions & Orders – June 27, 2024

This morning, the Federal Circuit released one nonprecedential opinion and one nonprecedential order. The opinion affirms a judgment of the Patent Trial and Appeal Board, which denied a motion to exclude a declaration and found claims unpatenable as obvious. The order is a dismissal. Here is the introduction to the opinion and a link to the order.

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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. Most notably, this week the Supreme Court granted certiorari in a case originally decided by the Merit Systems Protection Board. In other news, a new petition was filed in a pro se case, a party waived its right to respond in a patent case, six new amicus briefs were filed in another patent case, and a pro se petition was denied. Here are the details.

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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, last week the Supreme Court issued its opinion in Vidal v. Elster, a trademark case. With respect to petitions, one new petition was filed in a patent case, five new amicus briefs were filed in another patent case, and two pro se petitions were denied. Here are the details.

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En Banc Activity

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. Highlights include two new denials of petitions for rehearing en banc in patent cases. These petitions raised questions related to claim construction, the scope of inter partes review proceedings, and the evidentiary basis to prove the existence of prior art.  Here are the details.

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En Banc Activity

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. Highlights include a new petition for rehearing in a patent case concerning inter partes review proceedings and prior art. Here are the details.

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Opinions

Opinions & Orders – December 20, 2023

This morning, the Federal Circuit released one precedential opinion, two nonprecedential opinions, and seven nonprecedential orders. The precedential opinion addresses an appeal from an arbitration regarding removal from a government agency. Both of the nonprecedential opinions come in patent cases. One addresses a rejection of patent claims as ineligible and obvious. The other addresses an appeal from a final written decision of the Patent Trial and Appeal Board in an inter partes review, which found the claims at issue unpatentable. Six of the orders are dismissals and the seventh remands a case to the Court of Federal Claims. Here are the introductions to the opinions, selected text from the remand order, and links to the dismissals.   

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