This morning, the Federal Circuit released five nonprecedential orders.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 Late Friday, the Federal Circuit also released another nonprecedential order that dismissed an appeal.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.
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This morning, the Federal Circuit released one nonprecedential opinion and six nonprecedential orders.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.
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This morning, the Federal Circuit released three nonprecedential opinions and two nonprecedential orders.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 The nonprecedential orders are both dismissals.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.
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This morning, the Federal Circuit released one precedential opinion, two nonprecedential opinions, and six nonprecedential orders.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 One of the nonprecedential opinions addresses an appeal from a judgment of noninfringement of a patent by a district court, while the other addresses an appeal from a judgment of a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.
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.
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.
Opinions & Orders – October 6, 2023
This morning, the Federal Circuit released two precedential opinions, one nonprecedential opinion, three nonprecedential orders, and two Rule 36 judgments. The precedential opinions address appeals from judgements of the Patent Trial and Appeal Board related to the patentability of claims. The nonprecedential opinion addresses an appeal from a judgment in a patent case decided by a Texas district court. One nonprecedential order transfers a case, and two are dismissals. Here are the introductions to the opinions, text from the transfer order, and links to the dismissals and Rule 36 judgments.
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, two new petitions were filed with the Court. One came in a patent case addressing both joinder in inter partes review proceedings and the Federal Vacancies Reform Act. The other came in a case addressing the Fair Labor Standards Act. Additionally, three waivers of right to respond were filed in the same patent case, and a brief in opposition was filed in another patent case addressing joint inventorship. Finally, the Court denied nine petitions in three patent cases, a trade case, and five pro se cases. Here are the details.
Opinions & Orders – October 4, 2023
This morning, the Federal Circuit released two nonprecedential opinions and three nonprecedential orders. One opinion dismisses an appeal for lack of jurisdiction. Another opinion affirms a decision of the Merit Systems Protection Board to sustain the removal of a former employee of the Army. Two of the orders transfer cases to district courts and the third transfers a case to the Court of Appeals for the Eleventh Circuit. Here are the introductions to the opinions and text from the orders.
Opinions & Orders – October 3, 2023
This morning, the Federal Circuit released six nonprecedential orders. Three grant summary affirmance in cases appealed from the Merit Systems Protection Board and three dismissal appeals. Here are the introductions to the summary affirmances and links to the dismissals.