Opinions

Opinions & Orders – November 17, 2022

This morning the Federal Circuit released a precedential opinion in a veterans case appealed from the Court of Appeals for Veterans Claims. In this opinion, the Federal Circuit affirmed, concluding that the Court of Appeals for Veterans Claims correctly interpreted the relevant statutes and that the lower court’s denial of review of state garnishment orders does not violate due process. The Federal Circuit also released a nonprecedential opinion in a case appealed from the Merit Systems Protection Board. Finally, the Federal Circuit released a nonprecedential order dismissing an appeal. Here are the introductions from the opinions and a link to the dismissal.

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Opinions

Opinions & Orders – November 14, 2022

This morning the Federal Circuit released a precedential opinion in a patent case appealed from the Patent Trial and Appeal Board. In this opinion, the Federal Circuit affirmed the Board’s final written decisions determining that some but not all of the challenged claims were not unpatentable. The Federal Circuit also released a nonprecedential opinion in a veterans case appealed from the Court of Appeals for Veterans Claims, two nonprecedential orders, and a Rule 36 judgment. The first order summarily affirms, and the second grants an unopposed motion to dismiss a petition for a writ of mandamus. Here is the introduction to the opinions, text from the summary affirmance, and links to the order granting dismissal and the Rule 36 judgment.

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Opinions

Opinions & Orders – November 9, 2022

This morning the Federal Circuit released two precedential opinions. The first comes in a patent case appealed from the District of Massachusetts. In this opinion, the Federal Circuit affirms the district court’s preliminary injunction order. The second comes in a case appealed from the Merit Systems Protection Board. In this opinion, the Federal Circuit affirms the Board’s removal of an employee of the Department of Defense. The Federal Circuit also released three nonprecedential opinions. The first and second come in veterans cases appealed from the Court of Appeals for Veterans Claims, and the third comes in a case appealed from the Merit Systems Protection Board. Finally, the Federal Circuit released a Rule 36 judgment and two nonprecedential orders. One of these orders summarily affirms, and one dismisses an appeal. Here are the introductions to the opinions, text from the summary affirmance, and links to the dismissal and Rule 36 judgment.

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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. Last Friday, the Court granted the petition for certiorari in Amgen Inc. v. Sanofi, Aventisub LLC, a patent case regarding the enablement requirement. In addition, one new petition was filed with the Court in a pro se case; the government waived its right to respond in two other pro se cases; and the Court denied two petitions: one in a veterans case and one in a patent case. Notably, Justice Gorsuch filed an opinion dissenting from the decision to deny review in the veterans case. Here are the details.

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Opinions

Opinions & Orders – November 8, 2022

This morning the Federal Circuit released a precedential order granting a petition for a writ of mandamus directing the Western District of Texas to vacate a scheduling order and postpone fact discovery and other substantive proceedings until after consideration of a motion for transfer. The Federal Circuit also released two nonprecedential orders granting similar relief. Notably, each order granted a petition filed by Apple Inc. The Federal Circuit also today released three nonprecedential opinions. The first comes in a veterans case appealed from the Court of Appeals for Veterans Claims; the second comes in a military case appealed from the Court of Federal Claims; and the third comes in a patent case appealed from the Southern District of New York. Finally, the Federal Circuit released a Rule 36 judgment. Here are the introductions to the opinions, text from the orders, and a link to the Rule 36 judgment.

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Opinions

Opinions & Orders – November 7, 2022

This morning the Federal Circuit released a nonprecedential opinion in a patent case appealed from the Eastern District of Virginia. Late Friday and this morning, the Federal Circuit also released two nonprecedential orders dismissing appeals and four Rule 36 judgments. Here is the introduction to the opinion and links to the dismissals and Rule 36 judgments.

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Opinions

Opinions & Orders – November 4, 2022

This morning the Federal Circuit released two precedential opinions. The first opinion comes in a patent case appealed from the District of Delaware. In this opinion, the Federal Circuit affirms the district court’s determination that a party lacks standing as a matter of collateral estoppel and concludes that the same party has standing in a companion case. Notably, Jude Lourie expressed additional views on the matter. The second opinion comes in another patent case, this one appealed from the Northern District of California. In this opinion, the Federal Circuit explains why it reverses the district court’s determination that a party does not have standing and remands the case. This morning the Federal Circuit also released three nonprecedential opinions. Two come in cases appealed from the Merit Systems Protection Board, and one comes in a veterans case appealed from the Court of Appeals for Veterans Claims. Here are the introductions to the opinions.  

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Opinions

Opinions & Orders – November 3, 2022

This morning the Federal Circuit released a nonprecedential opinion in a veterans case appealed from the Court of Appeals for Veterans Claims. The Federal Circuit also released two nonprecedential orders dismissing appeals and two Rule 36 judgments. Here is the introduction to the opinion and links to the dismissals and 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, there is no new activity to report since our last update. With respect to petitions, one new petition was filed in a pro se case; the government waived its right to respond in another pro se case; a brief in opposition was filed in a case concerning judicial disqualification; three amicus briefs were filed in a patent case; and the Court denied two petitions, one in a veterans case and another in a pro se case. Here are the details.

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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. With respect to petitions, two new petitions were filed with the Court in a veterans case and a pro se case; the Court invited the Solicitor General to file a brief expressing the views of the United States in a case raising a question concerning patent eligibility; and three amicus briefs were filed in support of a petition raising a question related to judicial disqualification. Here are the details.

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