Opinions

Opinions & Orders – May 4, 2022

Late yesterday and this morning the Federal Circuit released a nonprecedential opinion in an employment case appealed from the Merit Systems Protection Board; two motions to dismiss appeals; two summary affirmances; and an erratum. Here is text from the opinion and orders and links to the summary affirmances and erratum.

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Opinions

Opinions & Orders – April 21, 2022

This morning the Federal Circuit issued a precedential opinion in a trade case appealed from the Court of International Trade. The opinion reviews the Department of Commerce’s methods for determining potential patterns of discrimination in export prices. The court also issued four nonprecedential orders this morning and yesterday dismissing cases based on voluntary dismissals, lack of jurisdiction, and failure to prosecute. Here are the introductions to the opinion and orders.

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Opinions

Opinions & Orders – April 8, 2022

This morning the Federal Circuit released a precedential opinion in a patent case appealed from the District of Delaware. The case addresses issues related to direct infringement and inducement of infringement. Notably, Judge Newman wrote a dissenting opinion. The court also issued two nonprecedential opinions in employment and government contract cases appealed from the Merit Systems Protection Board and the Court of Federal Claims respectively. Finally, the Federal Circuit issued an erratum. Here are the introductions to the opinions and a link to the erratum.

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Opinions

Opinions & Orders – April 5, 2022

This morning the Federal Circuit released two nonprecedential opinions in cases appealed from the Court of Federal Claims. The first comes in a pro se employment case and the second addresses a claim for monetary damages for enslavement of the claimant’s Native American ancestors. The court also released five nonprecedential orders as well as a Rule 36 judgment. Here are the introductions to the opinions and orders.

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Opinions

Opinions & Orders – March 30, 2022

This morning the Federal Circuit released two precedential opinions. The first opinion comes in a veterans case and addresses the prejudicial error analysis conducted by the Court of Appeals for Veterans Claims. The second opinion comes in an international trade case and addresses a tariff classification. Finally, the court late in the day yesterday released two nonprecedential orders dismissing cases. Here are the introductions to the opinions and orders.

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Opinions

Opinions & Orders – March 23, 2022

This morning the Federal Circuit issued a nonprecedential opinion in an employment case appealed from the Merit Systems Protection Board. The opinion affirms the Board’s determination that it lacked jurisdiction to hear an employment retaliation claim. Here is the introduction to the opinion.

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Opinions

Opinions & Orders – March 21, 2022

This morning the Federal Circuit issued a nonprecedential opinion in an employment case appealed from the Merit Systems Protection Board. The opinion affirms a finding lack of jurisdiction for an appeal under the Whistleblower Protection Act and Whistleblower Protection Enhancement Act. The court also issued a nonprecedential order denying a combined petition for panel and en banc rehearing. Here is the introduction to the opinion and text from the order.

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Opinions

Opinions & Orders – March 11, 2022

This morning the Federal Circuit issued a precedential opinion in a trade case appealed from the Court of International Trade. The Federal Circuit also issued two nonprecedential opinions. The first comes in an employment case appealed from the Merit Systems Protection Board, while the second comes in a patent case appealed from the Patent Trial and Appeal Board. Finally, the court issued five Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.

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Opinions

Opinions & Orders – February 5, 2022

This morning the Federal Circuit issued a nonprecedential opinion in an employment case appealed from the Merit Systems Protection Board. The opinion addresses issues related to the jurisdiction of the MSPB. The court also issued four Rule 36 judgments. Here is the introduction to the opinion and links to the Rule 36 judgments.  

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Opinions

Opinions & Orders – February 10, 2022

This morning the Federal Circuit issued two precedential opinions in patent cases. The first opinion addresses issues related to the on-sale bar for a design patent. The second opinion addresses a district court’s finding after a bench trial that claims were invalid for failing to meet the non-obviousness requirement. Notably, Judge Newman wrote a dissenting opinion in this second case. The court also issued two nonprecedential opinions in an employment case and a veterans disability case. Finally, the court issued two Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.

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