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 petitions, four new petitions were filed related to the same pro se case. Additionally, three briefs in opposition were filed in two patent cases. Here are the details.

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Opinions

Opinions & Orders – December 29, 2023

This morning, the Federal Circuit released one nonprecedential opinion. It addresses an appeal from a judgment of the Merit Systems Protection Board. Here is the introduction to the opinion.

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Opinions

Opinions & Orders – December 22, 2023

The Federal Circuit released one nonprecedential opinion and one nonprecedential order. The opinion affirms a judgment of the Merit Systems Protection Board. The order dismisses a petition for review. Here is the introduction to the opinion and link to the order.

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Opinions

Opinions & Orders – December 20, 2023

This morning, the Federal Circuit released one precedential opinion, two nonprecedential opinions, and seven nonprecedential orders. The precedential opinion addresses an appeal from an arbitration regarding removal from a government agency. Both of the nonprecedential opinions come in patent cases. One addresses a rejection of patent claims as ineligible and obvious. The other addresses an appeal from a final written decision of the Patent Trial and Appeal Board in an inter partes review, which found the claims at issue unpatentable. Six of the orders are dismissals and the seventh remands a case to the Court of Federal Claims. Here are the introductions to the opinions, selected text from the remand order, and links to the dismissals.   

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Opinions

Opinions & Orders – December 15, 2023

Today the Federal Circuit a precedential opinion in a patent case appealed from the Patent Trial and Appeal Board and two nonprecedential opinions in two pro se cases. The court also released seven nonprecedential orders, two of which simply dismissed appeals. Here are the introductions to the opinions and the orders other than the dismissals.

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Opinions

Opinions & Orders – December 14, 2023

On its website, today, the Federal Circuit did not release any opinions, but it did release eleven nonprecedential orders in various cases. (Judges Prost, Hughes, and Stoll were busy!) Other than an order granting a petition to transfer a patent case from the Western District of Texas to the Northern District of California, the orders are relatively run-of-the mill. They do things like dismiss petitions, summarily affirm, deny petitions, and grant undisputed motions to transfer, and dismissal appeals. Here are the introductions to ten of the orders and a link to the eleventh order, a dismissal.

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Opinions

Opinions & Orders – December 13, 2023

Today, the Federal Circuit released a precedential opinion affirming a Special Master in a vaccine case over a dissent by Judge Mayer and three nonprecedential opinions in a patent case, a Merit Systems Protection Board case, and a veterans case. The court also released a nonprecedential order transferring two appeals and another nonprecedential order dismissing an appeal. Here are the introductions to the opinions and transfer order along with a link to the dismissal.

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Opinions

Opinions & Orders – December 8, 2023

Today the Federal Circuit released four nonprecedential opinion in pro se cases. The court also released three nonprecedential orders. One affirms a dismissal in a pro se case, one grants a summary affirmance, and one grants a dismissal. Here are the introductions to the opinions, the introduction to the order affirming the dismissal, and links to the other orders.

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Opinions

Opinions & Orders – November 21, 2023

This morning, the Federal Circuit released one precedential opinion, one nonprecedential opinion, and one nonprecedential order. The precedential opinion addresses an appeal from a judgment of the Patent Trial and Appeal Board finding certain claims unpatentable either for lack of written description or anticipation. Notably, the court affirmed the Board’s judgment despite arguments that the Board issued the final written decision after the statutory deadline and thus lacked jurisdiction. The nonprecedential opinion addresses a pro se appeal from a decision of the Merit Systems Protection Board. Finally, the order grants a motion for voluntary dismissal. Here are the introductions to the opinions and a link to the dismissal.

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Opinions

Opinions & Orders – November 14, 2023

This morning, the Federal Circuit released two nonprecedential opinions, one nonprecedential order, and four Rule 36 summary affirmances. Both opinions address jurisdictional issues, with one affirming a Merit Systems Protection Board dismissal for lack of jurisdiction and another dismissing an appeal from the Court of Appeals for Veterans Claims for lack of jurisdiction. The order grants a motion to withdraw a petition. Here are the introductions to the opinions and links to the withdrawal and summary affirmances.

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