Opinions

Opinions & Orders – January 5, 2024

This morning, the Federal Circuit released five nonprecedential orders. Four dismiss appeals and one dismisses a petition for review. Here are links to the orders.

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Panel Activity

Update on Important Panel Activity

Here is an update on activity in cases pending before panels of the Federal Circuit where the cases involve at least one amicus brief. We keep track of these cases in the “Other Cases” section of our blog. Today with respect to these cases we highlight new briefing in a patent case and recent oral arguments in a trademark case, a veterans case, and a takings case. Here are the details.

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Argument Recap / Panel Activity

Argument Recap – Beaudette v. McDonough

Earlier this month, the Federal Circuit heard oral argument in Beaudette v. McDonough. In this case, the Federal Circuit is reviewing whether the Court of Appeals for Veterans Claims erred in issuing a writ of mandamus to allow the Board of Veterans’ Appeals to hear appeals of adverse decisions pertaining to the Department of Veterans Affairs’ Program of Comprehensive Assistance for Family Caregivers. Judges Moore, Dyk, and Stoll heard the argument. This is our argument recap.

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Opinions

Opinions & Orders – December 26, 2023

This morning, the Federal Circuit released one precedential opinion, one nonprecedential opinion, and two nonprecedential orders. The precedential opinion concerns the construction of terms of a patent held not to be infringed. The nonprecedential opinion addresses an appeal of a final written decision of the Patent Trial and Appeal Board, which held certain claims unpatentable as obvious. One of the orders is a dismissal, and the other denies a petition and additional motions. Here are the introductions to the opinions, selected text from the denial of the petition, and a 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, there is no new activity to report since our last update. While no new petitions were filed with the Court, a brief in opposition was filed in a veterans case, a reply brief was filed in a trade case regarding separation of powers in imposing tariffs, and an amicus brief was filed in a patent case asking the Court to consider a question regarding patent eligibility. Here are the details.

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Opinions

Opinions & Orders – December 18, 2023

Today, the Federal Circuit released one precedential opinion and six nonprecedential orders. The opinion affirms the dismissal of a pro se complaint for lack of subject matter jurisdiction but vacates an injunction the trial court imposed on the complainant. Five of the orders are dismissals, while one denies a petition seeking a writ of mandamus. Here are the introductions to the opinion and denial of the petition, following by a link to the remaining orders.

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Opinions

Opinions & Orders – December 14, 2023

On its website, today, the Federal Circuit did not release any opinions, but it did release eleven nonprecedential orders in various cases. (Judges Prost, Hughes, and Stoll were busy!) Other than an order granting a petition to transfer a patent case from the Western District of Texas to the Northern District of California, the orders are relatively run-of-the mill. They do things like dismiss petitions, summarily affirm, deny petitions, and grant undisputed motions to transfer, and dismissal appeals. Here are the introductions to ten of the orders and a link to the eleventh order, a 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. Last week, the Supreme Court granted a petition for certiorari in a case concerning the Merit Systems Protection Board. With respect to petitions, three new petitions were filed with the Court in two patent cases and one pro se case. Additionally, six waivers of right to respond, three briefs in opposition, and two reply briefs were filed with the Court. Finally, the Supreme Court denied certiorari in a patent case and two pro se cases. Here are the details.

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Opinions

Opinions & Orders – December 13, 2023

Today, the Federal Circuit released a precedential opinion affirming a Special Master in a vaccine case over a dissent by Judge Mayer and three nonprecedential opinions in a patent case, a Merit Systems Protection Board case, and a veterans case. The court also released a nonprecedential order transferring two appeals and another nonprecedential order dismissing an appeal. Here are the introductions to the opinions and transfer order along with a link to the dismissal.

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Opinions

Opinions & Orders – December 12, 2023

Today the Federal Circuit released three nonprecedential opinions, one in a patent case appealed from the Patent Trial and Appeal Board and two in pro se cases. The court also released two nonprecedential orders, one granting a motion to withdraw a petition and one dismissing an appeal. Here are the introductions to the opinions and first order and a link to the second order.

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