Opinions

Opinions and Orders – April 7, 2023

This morning, the Federal Circuit released five nonprecedential opinions, three nonprecedential orders, and a Rule 36 judgment. In the opinions, the court affirmed a judgment in a patent case appealed from the Northern District of California; affirmed a dismissal for lack of jurisdiction by the Court of Federal Claims; affirmed a judgment of the Merit Systems Protection Board; affirmed a judgment of the Court of Appeals for Veterans Claims; and affirmed another judgment of the Merit Systems Protection Board. Two of the nonprecedential orders dismiss appeals and one is an erratum. Here are the introductions to the opinions and links to the dismissals, Rule 36 judgment, and erratum.

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Opinions

Opinions and Orders – April 6, 2023

This morning, the Federal Circuit released two precedential opinions, two nonprecedential opinions, two nonprecedential orders, and three Rule 36 judgments. In the precedential opinions, the court respectively affirmed a judgment of the Court of Appeals for Veterans Claims and affirmed a judgment in a copyright case appealed from the Eastern District of Texas. Notably, Judge Newman dissented in the copyright case. In the nonprecedential opinions, the Federal Circuit respectively affirmed a dismissal for lack of jurisdiction by the Court of Federal Claims and affirmed a judgment of the Patent Trial and Appeal Board. In the nonprecedential orders, the Federal Circuit respectively transferred an appeal to the Court of Appeals for the District of Columbia Circuit and dismissed an appeal. Here are the introductions to the opinions, text from the orders, and links to the dismissal 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 with the Court in a pro se case; two parties and the government waived their right to respond in a patent case and two pro se cases; the Solicitor General filed an amicus brief expressing the views of the United States in a patent case; four amicus brief were filed in a veterans case; and the Court denied certiorari in a Merit Systems Protection Board case and two pro se cases. Here are the details.

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Opinions

Opinions and Orders – April 5, 2023

This morning, the Federal Circuit released one precedential opinion, three nonprecedential opinions, and a Rule 36 judgment. In the precedential opinion, the court affirmed a judgment of the Eastern District of Texas in a patent case. In the nonprecedential opinions, the Federal Circuit dismissed a case appealed from the Court of Appeals for Veterans Claims, affirmed a judgment of the Court of Federal Claims, and affirmed a judgment of the Merits Systems Protection Board. Here are the introductions to the opinions and link to the Rule 36 judgment.

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En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. In the only pending en banc case, a veterans case, the court received the appellee’s supplemental brief. As for patent cases, the court received a new petition raising a question related to the ability to revise infringement contentions during litigation and denied two petitions raising questions related respectively to vacatur of a preliminary injunction and claim construction. Here are the details.

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Opinions

Opinions and Orders – April 4, 2023

This morning, the Federal Circuit released two precedential opinions, two nonprecedential opinions, and a Rule 36 judgment. In the two precedential opinions, the court affirmed a judgment appealed from the Court of Appeals for Veterans Claims and reversed a judgment of the Trademark Trial and Appeal Board. In the two nonprecedential opinions, the Federal Circuit affirmed an arbitrator’s judgment and affirmed a judgment of the Merit Systems Protection Board. Here are the introductions to the opinions and link to the Rule 36 judgment.

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Opinions

Opinions and Orders – March 24, 2023

This morning, the Federal Circuit released a nonprecedential opinion. In it, the court affirmed a judgment in a case appealed from the Court of Appeals for Veterans Claims. Notably, Judge Mayer dissented. Here are the introductions to the majority and dissenting opinions.

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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, on Monday the Supreme Court will hear oral arguments in a case addressing patent law’s enablement requirement. With respect to petitions, two new petitions were filed with the Court in a patent case and veterans case; a party waived its right to respond in another patent case; and the Court denied a petition in a government contract case. Here are the details. 

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Opinions

Opinions and Orders – March 22, 2023

This morning, the Federal Circuit released a precedential opinion, a nonprecedential opinion, a nonprecedential order, and a Rule 36 judgment. In the precedential opinion, the court dismissed-in-part and denied-in-part a petition for review regarding the Veterans Affairs Adjudication Procedures Manual. In the nonprecedential opinion, the Federal Circuit affirmed-in-part and dismissed-in-part an appeal from the Court of Appeals for Veterans Claims. And in the nonprecedential order, the Federal Circuit dismissed an appeal. Here are the introductions to the opinions and links to the dismissal and Rule 36 judgment.

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En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. In the only pending en banc case, a veterans case, the court received the appellant’s supplemental brief. As for patent cases, the court received a new petition raising questions related to patent eligibility. Here are the details.

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