This morning the Federal Circuit released a precedential opinion in a patent case, affirming the District of New Jersey’s judgment that the plaintiff did not establish proper venue under the patent venue statute with respect to the named domestic defendants and did not state a claim upon which relief could be granted with respect to the named foreign defendant. The Federal Circuit also released five Rule 36 judgments. Here is the introduction to the opinion and a list of the Rule 36 judgments.
Opinions & Orders – November 3, 2021
This morning the Federal Circuit issued a precedential opinion in a trade case appealed from the Court of International Trade. The court also issued two nonprecedential opinions. The first comes in a veterans case appealed from the Court of Appeals for Veterans Claims. The second comes in an employment case appealed from the Merit Systems Protection Board. Finally, the court issued a Rule 36 judgment. Here are the introductions to the opinions and a link to the Rule 36 judgment.
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 the Supreme Court’s October 2021 term, the Court still has not granted any petitions in cases decided by the Federal Circuit. Since our last update, however, a pro se party filed one new petition with the Court in a patent case. As for previously filed petitions, one amicus brief in a veterans case and one waiver of right to respond in a pro se case were filed. Here are the details.
Opinions & Orders – October 26, 2021
This morning the Federal Circuit issued a nonprecedential opinion in a veterans case appealed from the Court of Appeals for Veterans Claims. The opinion addresses the denial of a motion for reconsideration by the Board of Veterans’ Appeals. The court also issued one erratum. Here is the introduction to the opinion and a link to the erratum.
Opinions & Orders – October 25, 2021
This morning the Federal Circuit issued four nonprecedential opinions. Two come in patent cases appealed from the Patent Trial and Appeal Board and involving the same parties. One comes in an employment case appealed from the Merit Systems Protection Board. And one comes in a veterans case appealed from the Court of Appeals for Veterans Claims. The Federal Circuit also issued a nonprecedential order denying a petition for a writ of mandamus to direct the Eastern District of Texas to stay proceedings in a patent case. Here are the introductions to the opinions and order.
Opinions & Orders – October 20, 2021
This morning the Federal Circuit issued two nonprecedential opinions, one in a veterans case appealed from the Court of Appeals for Veterans Claims and one in a case concerning the jurisdiction of the Court of Federal Claims. Here are the introductions to the opinions.
Opinions & Orders – October 19, 2021
This morning the Federal Circuit issued three nonprecedential opinions. The first comes in a veterans case appealed from the Court of Appeals for Veterans Claims. The second and third come in government contract cases appealed from the Civilian Board of Contract Appeals and the Armed Services Board of Contract Appeals, respectively. Here are the introductions to the opinions.
Opinions & Orders – October 18, 2021
This morning the Federal Circuit issued three Rule 36 judgments. Here are links to the judgments.
Opinions & Orders – October 14, 2021
This morning the Federal Circuit issued a precedential in a patent case appealed from the District of North Dakota and addressing exceptionality and attorneys’ fees. The Federal Circuit also issued a nonprecedential opinion in a veterans case appealed from the Court of Appeals for Veterans Claims. Finally, the Federal Circuit issued three Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.
Opinions & Orders – October 12, 2021
This morning the Federal Circuit issued three precedential opinions. The first two come in related patent cases appealed from the Eastern District of Texas and address claim construction, infringement, and definiteness. The third comes in another patent case appealed from the District of Columbia and replaces an earlier opinion, issued by the Federal Circuit in August, regarding the shifting of attorney and expert witness fees in civil actions to obtain patents. The Federal Circuit also issued two nonprecedential opinions appealed respectively from the Court of Appeals for Veterans Claims and the Trademark Trial and Appeal Board. Finally, the Federal Circuit issued four Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.