Opinions

Opinions & Orders – January 30, 2023

Late Friday and this morning, the Federal Circuit released six nonprecedential orders. One transfers an appeal to the Court of Appeals for the Second Circuit, one grants a motion to dismiss an appeal subject to reinstatement, and four dismiss appeals. The Federal Circuit also released a Rule 36 judgment and an erratum. Here is text from the orders and links to the dismissals, Rule 36 judgment, and erratum.

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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 patent case, and the government filed a brief in opposition in a veterans case. Here are the details. 

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Opinions

Opinions & Orders – January 23, 2023

This morning the Federal Circuit released two precedential opinions in separate cases appealed from the Court of Appeals for Veterans Claims. In the first precedential opinion, the Federal Circuit affirms the Veterans Court’s denial of a request to exclude certain payments in calculating a veteran’s non-service-connected pension. In the second precedential opinion, the Federal Circuit affirms the Veterans Court’s conclusion that a veteran is barred from receiving reimbursement for specific medical treatment. The Federal Circuit also released a nonprecedential opinion in another veterans case appealed from the Court of Appeals for Veterans Claims. Finally, the Federal Circuit released a nonprecedential order denying a petition for a writ of mandamus seeking to transfer an appeal from the Western District of Texas to the Eastern District of Michigan. Here are the introductions to the opinions and text from the order.

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Opinions

Opinions & Orders – January 17, 2023

This morning the Federal Circuit released a precedential order in a veterans case denying a combined petition for panel rehearing and rehearing en banc. Notably, Judge Dyk filed an opinion dissenting from the denial of the petition for rehearing en banc, and four other judges joined his opinion. The Federal Circuit also released three nonprecedential opinions, the first in a case appealed from the Court of Federal Claims; the second in a patent case addressing patent eligibility appealed from the District of Massachusetts; and the third in another patent case involving the same patent and appealed from the Northern District of California. Finally, the Federal Circuit released two Rule 36 judgments. Here is text from the order, the introductions to the opinions, and links to the Rule 36 judgments.

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Opinions

Opinions & Orders – January 12, 2023

This morning the Federal Circuit released an opinion in a patent case appealed from the Southern District of Texas. In its opinion, the Federal Circuit affirms the district court’s claim construction as to one term, vacates its construction as to another term, and remands the case. The Federal Circuit also released a nonprecedential order dismissing an appeal and a Rule 36 judgment. Here is the introduction to the opinion 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. 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 patent case; a party waived its right to respond in another patent case; the government waived its right to respond in a pro se case; and the Court denied nine petitions. Here are the details. 

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Opinions

Opinions & Orders – January 9, 2023

This morning the Federal Circuit released two precedential opinions. The first opinion comes in a patent case appealed from the Patent Trial and Appeal Board. In this opinion, the Federal Circuit vacates the Board’s affirmance of an examiner’s final rejection of claims. The second opinion comes in a veterans case appealed from the Court of Appeals for Veterans Affairs. In this opinion, the Federal Circuit affirms the denial of entitlement to service connection for a psychiatric disorder. The Federal Circuit also released six nonprecedential opinions. One denies a petition for a writ of mandamus to transfer a patent case from the Western District of Texas to the Northern District of California; one grants a petition for a writ of mandamus to undo an order by the Eastern District of Texas transferring two cases to the Central District of California; and four dismiss appeals. Here are the introductions to the opinions, text from the orders, and links to the dismissals.

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Opinions

Opinions & Orders – January 6, 2023

This morning the Federal Circuit released a precedential opinion in a patent case appealed from the Patent Trial and Appeal Board. In it, the Federal Circuit affirmed the Board’s judgment in an interference proceeding. The Federal Circuit also released a nonprecedential opinion in another patent case appealed from the Patent Trial and Appeal Board. Notably, both patent cases involve the same parties. Finally, the Federal Circuit released three nonprecedential orders dismissing appeals. Here are the introductions to the opinions 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, fourteen amicus brief were filed in Amgen Inc. v. Sanofi, Aventisub LLC, a patent case concerning the enablement patentability requirement. With respect to petitions, three new petitions were filed with the Court, one in a veterans case, one in a patent case, and one in a pro se case. Here are the details. 

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Opinions

Opinions & Orders – December 27, 2022

Late Friday and this morning, the Federal Circuit released five nonprecedential orders dismissing appeals. Here are the links to the dismissals.

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