This morning, the Federal Circuit released two precedential opinions, four nonprecedential opinions, and two Rule 36 summary affirmances. One of the precedential opinions addresses an appeal from a final written decision of the Patent Trial and Appeal Board in a post-grant review, which held certain claims unpatentable as obvious or lacking written description. The other precedential opinion addresses an appeal from a judgment of the Court of Federal Claims and addresses an assertion by the government of a right to practice a patent and have a patent practiced on its behalf under a provision of a Bayh-Dole Act. Two of the nonprecedential opinions address jurisdiction, one affirms the rejection of proposed patent claims for being directed to patent-ineligible subject matter, and one affirms the dismissal of a complaint due to the claims being timebarred. Late yesterday, the Federal Circuit also released five nonprecedential orders dismissing appeals. Here are the introductions to the opinions and links to the dismissals and summary affirmances.
Opinions & Orders – February 8, 2024
This morning, the Federal Circuit released one precedential opinion and one nonprecedential opinion. The precedential opinion addresses an appeal from two final written decisions of the Patent Trial and Appeal Board. The Federal Circuit ultimately reversed, vacated, and remanded portions of the Board’s decisions. The nonprecedential opinion addresses an appeal from a judgment of the Court of Appeals for Veterans Claims. Here are the introductions to the opinions.
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, two waivers of right to respond were filed in a patent case addressing the non-obviousness requirement and four amicus briefs were filed in a veterans case regarding the benefit-of-the-doubt rule. Here are the details.
Opinions & Orders – February 6, 2024
This morning, the Federal Circuit released five nonprecedential orders dismissing appeals. Late yesterday, the Federal Circuit also released an additional order dismissing an appeal. Here are the links to the orders.
Opinions & Orders – February 5, 2024
This morning, the Federal Circuit released two nonprecedential opinions and six nonprecedential orders. The first opinion addresses a challenge to a district court’s construction of certain claim terms in a patent case. The second dismisses for lack of jurisdiction an appeal from the Court of Appeals for Veterans Claims. Two orders transfer appeals (one to a district court and another to an appellate court), one denies a petition for a writ of mandamus, two dismiss appeals, and one grants a summary affirmance. Here are the introductions to the opinions, selected text from the transfer and denial orders, and links to the dismissals and summary affirmance.
Opinions & Orders – January 31, 2024
This morning, the Federal Circuit released two nonprecedential opinions. One addresses an appeal from a judgment of a district court in a patent case and affirms the denial of a preliminary injunction. The other dismisses an appeal from the Court of Appeals for Veterans Claims for lack of jurisdiction. Here are the introductions to the opinions.
Opinions & Orders – January 30, 2024
This morning, the Federal Circuit released one precedential opinion and one nonprecedential opinion. The precedential opinion vacates and remands a case after finding that the Court of Appeals for Veterans Claims applied an incorrect legal standard. The nonprecedential opinion affirms a judgment of the Merit Systems Protections Board. Here are the introductions to the opinions.
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, five amicus briefs were submitted in Harrow v. Department of Defense, a case concerning the Merit Systems Protection Board. With respect to petitions, two new petitions were filed with the Court in a veterans case and a patent case, and four waivers of right to respond were filed in four pro se cases. Here are the details.
Opinions & Orders – January 24, 2024
This morning, the Federal Circuit released one precedential opinion, one nonprecedential opinion, and six nonprecedential orders. The precedential opinion addresses an appeal from a judgment of the Armed Services Board of Contract Appeals. The nonprecedential opinion addresses an appeal from a judgment of the Merit Systems Protection Board. One order transfers a case, and the others are dismissals. Here are the introductions to the opinions and transfer order and links to the dismissals.
Opinions & Orders – January 22, 2024
This morning, the Federal Circuit released two precedential opinions, four nonprecedential opinions, and one nonprecedential order. One of the precedential opinions addresses an action brought under the Fair Labor Standards Act. The other precedential opinion, which was previously released as a nonprecedential opinion, addresses an appeal from the Trademark Trial and Appeal Board. Two of the nonprecedential opinions address appeals in patent cases—one from the Patent Trial and Appeal Board and another from a district court. The third nonprecedential opinion addresses an appeal from the Court of Appeals for Veterans Claims, ultimately finding a lack of jurisdiction. Finally, the fourth nonprecedential opinion addresses an appeal from the Civilian Board of Contract Appeals. The order dismisses an appeal. Here are the introductions to the opinions and a link to the order.