Opinions

Opinions & Orders – November 9, 2023

This morning, the Federal Circuit released five nonprecedential opinions and two Rule 36 summary affirmances. Three of the opinions address appeals of decisions of the Merit Systems Protection Board. The fourth addresses a pro se appeal from a judgment of the Court of Appeals for Veterans Claims. The fifth affirms a decision of the Court of Federal Claims to dismiss a case for lack of subject matter jurisdiction. Here are the introductions to the opinions and links to the summary affirmances.

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Opinions

Opinions & Orders – November 8, 2023

This morning, the Federal Circuit released three nonprecedential opinions. Two address issues arising out of decisions of the Court of Appeals for Veterans Claims: one addresses the jurisdiction of the lower court and the other addresses an appeal from an order of the lower court denying a petition for a writ of mandamus. The third opinion addresses an appeal from a final order of the Merit Systems Protection Board. Late yesterday, the Federal Circuit also released a nonprecedential order that dismisses an appeal. Here are the introductions to the opinions and link to the dismissal.

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Opinions

Opinions & Orders – November 7, 2023

This morning, the Federal Circuit released two precedential opinions, three nonprecedential opinions, and four nonprecedential orders. One precedential opinion addresses an appeal from an inter partes review final written decision in a patent case. The other precedential opinion addresses an appeal from a decision of the Court of Appeals for Veterans Claims. The nonprecedential opinions address appeals related to decisions of the Merit Systems Protection Board. Of the four orders, one transfers a case and the remaining three are dismissals. Here are the introductions to the opinions, selected text from the transfer and links to the dismissals.

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Opinions

Opinions & Orders – November 6, 2023

This morning, the Federal Circuit released one precedential opinion, one nonprecedential opinion, and six nonprecedential orders. The precedential opinion comes in an appeal in a patent case involving a challenge to a claim construction and addresses the use of extrinsic evidence in consideration of the claim construction. The nonprecedential opinion addresses a petition for review of a final order of the Merit Systems Protection Board. Of the six orders, one transfers an appeal to the Court of Appeals for the Ninth Circuit, and the remaining five orders are dismissals. Here are the introductions to the opinions, selected text from the transfer order, and links to the dismissals.

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Opinions

Opinions & Orders – October 30, 2023

This morning, the Federal Circuit released five nonprecedential orders. One order transfers an appeal to another circuit court of appeals; one order transfers an appeal to a district court; and one order denies a petition for a writ of mandamus. The two remaining orders are dismissals: one dismisses for lack of jurisdiction, and another grants a motion to voluntarily dismiss. Late Friday, the Federal Circuit also released another nonprecedential order that dismissed an appeal. Here are previews of selected orders and links to dismissals.

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Opinions

Opinions & Orders – October 26, 2023

This morning, the Federal Circuit released one nonprecedential opinion and six nonprecedential orders. The opinion addresses a consolidated appeal from two Patent Trial and Appeal Board final written decisions finding all challenged claims unpatentable. The majority affirmed both decisions, but in an opinion dissenting in part and concurring in part Judge Dyk asserted that the Board erred by not properly considering amendments made by the patentee during reexamination. One order transfers a case. The remaining five orders are dismissals. Here is the introduction to the opinion, selected text from the transfer, and links to the dismissals.

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Opinions

Opinions & Orders – October 23, 2023

This morning, the Federal Circuit released three nonprecedential opinions and two nonprecedential orders. One opinion addresses an appeal from the Court of International Trade. The other two opinions address appeals from the Patent Trial and Appeal Board regarding patent claims which have been found unpatentable as obvious or anticipated. The nonprecedential orders are both dismissals. Here are the introductions to the opinions and links to the dismissals.

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Opinions

Opinions & Orders – October 18, 2023

This morning, the Federal Circuit released one precedential opinion, two nonprecedential opinions, and six nonprecedential orders. The precedential opinion, which earned a dissent from Judge Reyna, addresses an appeal of a judgment of the Trademark Trial and Appeal Board cancelling registration of a trademark. One of the nonprecedential opinions addresses an appeal from a judgment of noninfringement of a patent by a district court, while the other addresses an appeal from a judgment of a district court dismissing a patent infringement claim due to claim preclusion. Two of the orders transfer cases, one denies a motion for writs of mandamus for various relief, and three dismiss appeals. Here are the introductions to the opinions, selected text from orders, and links to the dismissals.

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Opinions

Opinions & Orders – October 13, 2023

This morning, the Federal Circuit released one precedential opinion, three nonprecedential opinions, and six nonprecedential orders. The precedential opinion, which inspired an opinion concurring in part and dissenting in part, vacates a district court’s judgment of invalidity in a patent case. One nonprecedential opinion addresses subject matter jurisdiction; another addresses an appeal from a Patent Trial and Appeal Board decision finding certain claims unpatentable as obvious or as anticipated; and the third also addresses a patent appeal regarding obviousness. One order grants a motion to remand a case to the Merit Systems Protection Board, two orders deny petitions for writs of mandamus, and one order transfers an appeal to the United States Court of Appeals for the Sixth Circuit. Finally, two orders dismiss appeals. Here are the introductions to the opinions, selected text from orders, 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, the government’s reply brief was filed in Vidal v. Elster, a trademark case concerning the First Amendment. With respect to pending petitions, one new petition was filed with the Court in a pro se case, a waiver of right to respond was filed in another pro se case, and a brief in opposition was filed in response to a petition asking the Court to consider whether the deadline to file a petition to review a decision of the Merit Systems Protection Board is jurisdictional. In addition, the Court denied the petitions in two employment cases, two veterans cases, a patent case, and a pro se case, and the Court also dismissed the petitions in four pro se cases. Here are the details.

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