Opinions

Opinions & Orders – November 3, 2023

This morning, the Federal Circuit released one precedential opinion, one nonprecedential opinion, and one nonprecedential order. The precedential opinion, which sparked a dissent from Judge Dyk, addresses an appeal in a patent case from a district court’s finding that the case was exceptional. The nonprecedential opinion affirms a judgment of the Court of Appeals for Veterans Claims regarding the effective date of a veteran’s disability compensation. The order grants a motion to withdraw an appeal. Here are the introductions to the opinions and a link to the order.

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Opinions

Opinions & Orders – October 30, 2023

This morning, the Federal Circuit released five nonprecedential orders. One order transfers an appeal to another circuit court of appeals; one order transfers an appeal to a district court; and one order denies a petition for a writ of mandamus. The two remaining orders are dismissals: one dismisses for lack of jurisdiction, and another grants a motion to voluntarily dismiss. Late Friday, the Federal Circuit also released another nonprecedential order that dismissed an appeal. Here are previews of selected orders and links to dismissals.

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Opinions

Opinion & Orders – October 24, 2023

This morning, the Federal Circuit released two nonprecedential opinions. One affirms a judgment of the Court of Veterans Claims that it lacked jurisdiction and dismisses a petition for lack of jurisdiction. The other affirms a judgment in an appeal in an inter partes review in which the Patent Trial and Appeal Board determined that all claims were unpatentable. Here are the introductions to the opinions.

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Opinions

Opinions & Orders – October 20, 2023

This morning, the Federal Circuit released five nonprecedential opinions and four nonprecedential orders. Two opinions address appeals from inter partes reexaminations before the Patent Trial and Appeal Board. Each of those appeals had a corresponding related appeal, which was subsequently dismissed as moot in a corresponding nonprecedential opinion. Finally, the fifth nonprecedential opinion addresses an appeal regarding veterans’ disability benefits. The first nonprecedential order summarily affirms a judgment, another transfers an appeal to a district court, and the final two are dismissals. Late yesterday, the Federal Circuit also released one nonprecedential order dismissing appeals from the Patent Trial and Appeal Board. Here are the introductions to the opinions, text from the orders, and links to the dismissals.

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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, a reply brief was filed in Rudisill v. McDonough, a veterans case. With respect to pending petitions, two new petitions were filed with the Court in a veterans case and in a pro se case, and a waiver of right to respond was filed in a patent case addressing both joinder in inter partes review proceedings and the Federal Vacancies Reform Act. Additionally, a brief in opposition was filed in a Tucker Act case and two reply briefs in support of petitions were filed in two different cases, one in a trade case presenting questions related to separation of powers and steel tariffs and one in a patent case addressing joint inventorship. Finally, the Court denied petitions in one patent case and two pro se cases. Here are the details.

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Opinions

Opinions & Orders – October 17, 2023

This morning, the Federal Circuit released one nonprecedential opinion and one nonprecedential order. The opinion addresses an appeal from a judgment of the Board of Veterans Appeals. The order grants a motion to dismiss. Here is the introduction to the opinion and link to the dismissal.

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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, the government’s reply brief was filed in Vidal v. Elster, a trademark case concerning the First Amendment. With respect to pending petitions, one new petition was filed with the Court in a pro se case, a waiver of right to respond was filed in another pro se case, and a brief in opposition was filed in response to a petition asking the Court to consider whether the deadline to file a petition to review a decision of the Merit Systems Protection Board is jurisdictional. In addition, the Court denied the petitions in two employment cases, two veterans cases, a patent case, and a pro se case, and the Court also dismissed the petitions in four pro se cases. Here are the details.

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Opinions

Opinions & Orders – October 5, 2023

This morning, the Federal Circuit released two nonprecedential opinions and four nonprecedential orders. Both opinions address jurisdictional issues. One order transfers a case to an Illinois district court, one order dismisses a case, and two are Rule 36 judgments. Here are the introductions to the opinions, text from the order transferring a case, and links to the Rule 36 judgments and dismissal.

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Opinions

Opinions & Orders – October 4, 2023

This morning, the Federal Circuit released two nonprecedential opinions and three nonprecedential orders. One opinion dismisses an appeal for lack of jurisdiction. Another opinion affirms a decision of the Merit Systems Protection Board to sustain the removal of a former employee of the Army. Two of the orders transfer cases to district courts and the third transfers a case to the Court of Appeals for the Eleventh Circuit. Here are the introductions to the opinions and text from the orders.

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Opinions

Opinions & Orders – September 28, 2023

This morning, the Federal Circuit released a nonprecedential opinion addressing an appeal from a judgment of the Patent Trial and Appeal Board holding claims unpatentable as obvious. Late yesterday, the Federal Circuit also released an order granting an unopposed motion to remand a case to the Court of Appeals for Veterans Claims. Here are the introductions to the opinion and order.

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