Opinions

Opinions & Orders – May 24, 2023

This morning, the Federal Circuit released a precedential opinion in a patent case involving analysis of pre-AIA first-to-invent provisions. Notably, Judge Dyk dissented. The court also released a nonprecedential opinion in a case appealed from the Merit Systems Protection Board, along with a nonprecedential order dismissing a case. Here are the introductions to the opinions and a link to the order.

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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 Supreme Court issued its opinion yesterday in Amgen Inc. v. Sanofi, Aventisub LLC, a patent case addressing the enablement requirement. With respect to petitions, five new petitions were filed, one in a trade case, one in an employment case, and three in pro se cases. Three briefs in opposition were filed, two in veterans cases and one in a patent case. Two waivers of the right to respond were filed in the same patent case. And, finally, four petitions were denied, three in patent cases and in one pro se case. Here are the details.

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Opinions

Opinions & Orders – May 18, 2023

Late yesterday and this morning, the Federal Circuit released two nonprecedential opinions in related patent cases involving patent claims that were deemed invalid as indefinite. The court also released seven nonprecedential orders dismissing appeals. Here are the introductions to the opinions and one of the orders and links to the other dismissals.

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Opinions

Opinions & Orders – May 15, 2023

This morning, the Federal Circuit released four nonprecedential opinions, two in Merit Systems Protection Board cases, one in a patent case, and one dismissing an appeal on jurisdictional grounds. Here are the introductions to the opinions.

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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, seven new petitions were filed, three briefs in opposition, and three reply briefs in support of petitions were filed. The Court also denied four petitions. Here are the details.

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Opinions

Opinion & Orders – May 8, 2023

This morning, the Federal Circuit released a precedential opinion in a patent case, a nonprecedential opinion in a pro se veterans case, and two nonprecedential orders granting a summary affirmance and a dismissal. Here are the introductions to the opinions and links to the orders.

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Opinions

Opinions & Orders – May 5, 2023

This morning, the Federal Circuit released a precedential opinion affirming the judgment of the Court of Appeals for Veterans Claims in a veterans case. Notably, Judge Dyk concurred with the majority. The Federal Circuit also released two nonprecedential opinions, both in patent cases. Finally the court released three nonprecedential orders summarily affirming judgments. Here are the introductions to the opinions and links to the summary affirmances.

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Opinions

Opinions & Orders – May 4, 2023

This morning, the Federal Circuit released a precedential opinion in a case appealed from the Court of Appeals for Veterans Claims. In the opinion, the Federal Circuit explains why it dismissed the appeal for lack of jurisdiction. The court also released seven nonprecedential orders, six granting summary affirmances under Rule 36 and one dismissing an appeal. Here is the introduction to the opinion and links to the orders.

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Opinions

Opinions & Orders – May 3, 2023

This morning, the Federal Circuit released three nonprecedential opinions, one summary affirmance, and four orders dismissing appeals. The nonprecedential opinions affirm a judgment of the Court of Federal Claims dismissing a pro se case for lack of jurisdiction, a judgment of the Court of Appeals for Veterans Claims affirming a dismissal by the Board of Veterans’ Appeals for lack of jurisdiction, and a judgment of the Merit Systems Protection Board dismissing an appeal for lack of subject matter jurisdiction. Here are the introductions to the opinions and links to the summary affirmance and dismissals.

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Opinions

Opinions & Orders – May 1, 2023

This morning, the Federal Circuit released a nonprecedential opinion in a trade case and four nonprecedential orders dismissing appeals. Here is the introduction to the opinion and links to the dismissals.

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