Opinions

Opinions & Orders – August 5, 2022

This morning the Federal Circuit released a precedential opinion in a patent case appealed from the Eastern District of Virginia, concluding that the Patent Act requires an inventor to be a natural person. The Federal Circuit also released two nonprecedential orders. One dismisses an appeal for failure to prosecute; one grants the transfer of an appeal from the Eastern District of Pennsylvania to the Court of Appeals for the Third Circuit. Finally, the Federal Circuit released two Rule 36 judgments and an erratum. Here is the introduction to the opinion, text from the orders, and links to the Rule 36 judgments 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 regard to granted cases, the Secretary of Veterans Affairs filed its merits brief in Arellano v. McDonough. With respect to petitions, four new petitions were filed with the Court, one in a patent case, one in a case addressing the jurisdiction of the Federal Circuit, and two in pro se cases; seven amicus briefs were filed in support of the petitions in two patent cases addressing the written description requirement; and the Court dismissed a petition in another pro se case. Here are the details.

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Opinions

Opinions & Orders – July 11, 2022

This morning the Federal Circuit released a precedential opinion in a patent case appealed from the Patent Trial and Appeal Board. Notably, Judge Newman dissented in part. The Federal Circuit also released a nonprecedential opinion in a case appealed from the Merit Systems Protection Board and an erratum. Here are the introductions to the opinions and a link to the erratum.

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Opinions

Opinions & Orders – July 8, 2022

This morning the Federal Circuit released three nonprecedential opinions. The first comes in a tax case appealed from the Court of Federal Claims; the second comes in a patent case appealed from the Eastern District of Virginia; and the third comes in a case appealed from the Merit Systems Protection Board. The Federal Circuit also released a Rule 36 judgment. Here are the introductions to the opinions and link to the 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 petition cases, six waivers of right to respond were submitted; two briefs in opposition were filed, one in an Equal Access to Justice Act case and one in a patent case; and the Court denied certiorari in three cases, two in patent cases and one in an employment case. Here are the details.

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Opinions

Opinions & Orders – June 14, 2022

This morning the Federal Circuit released two nonprecedential opinions in cases appealed from the Merit Systems Protection Board. Here are the introductions to the opinions.  

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Opinions

Opinions & Orders – June 7, 2022

This morning the Federal Circuit released a nonprecedential opinion in a case appealed from the Merit Systems Protection Board, dismissing the appeal for lack of jurisdiction. The Federal Circuit also released five nonprecedential orders dismissing appeals and granting a Rule 36 judgment. Here is the introduction to the opinion and links to the dismissals 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 cases with pending petitions, one new petition was filed by a pro se petitioner; the government filed a waiver of right to respond in another case submitted by a pro se petitioner; and another pro se petitioner submitted his reply brief. Finally, the government submitted the views of the United States in two patent cases: one raising questions about eligibility and another raising a question about standing. Here are the details.

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Opinions

Opinions & Orders – May 31, 2022

This morning the Federal Circuit released three nonprecedential orders. One grants a motion to remand to an arbitrator; one dismisses an appeal; and one grants a motion to remand to the Merit Systems Protection Board. Here is text from the orders.

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Opinions

Opinions & Orders – May 26, 2022

This morning the Federal Circuit released seven nonprecedential orders. One grants a motion to remand to the Western District of Texas; one grants a motion to transfer venue; one grants a motion to remand to the Patent Trial and Appeal Board; one transfers an appeal to the Court of Appeals for the Ninth Circuit; one summarily affirms; and two grant motions to dismiss. Here is text from the orders and links to the dismissals.

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