Opinions

Opinions & Orders – April 17, 2025

Late yesterday, the Federal Circuit released one nonprecedential order dismissing an appeal. This morning, the Federal Circuit released four nonprecedential opinions and three nonprecedential orders. All four nonprecedential opinions come in patent cases. Of the nonprecedential orders, one remands a case, one summarily affirms a decision by a lower court, and the other two dismiss appeals. Here are the introductions to the opinions and orders and links to the dismissals. 

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Opinions

Opinions & Orders – April 16, 2025

This morning, the Federal Circuit released two nonprecedential opinions, four nonprecedential orders, and one summary affirmance. Of the nonprecedential opinions, one comes in a patent case on appeal from the Patent Trial and Appeal Board, while the other comes in a pro se case on appeal from the Merit Systems Protection Board. Of the nonprecedential orders, two transfer cases, while the other two dismiss appeals. Here are the introductions to the opinions and links to the orders and summary affirmance. 

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Opinions

Opinions & Orders – March 25, 2025

This morning, the Federal Circuit released two nonprecedential opinions and one nonprecedential order. Both nonprecedential opinions affirm decisions of the Patent Trial and Appeal Board. The lone nonprecedential order grants an unopposed motion to dismiss cross-appeals and withdraw appeals from decisions of the Patent Trial and Appeal Board. Here are the introductions to the opinions and order. 

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Featured / News

Recent News on the Federal Circuit

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

  • a piece discussing the difference in approaches regarding what constitutes “patentable subject matter” between the United States and the United Kingdom;
  • a blog post reviewing Judge Newman’s “recently filed reply brief and the Federal Circuit’s recent hiring of adversarial experts against Judge Newman”;
  • a blog post overviewing the Supreme Court’s 2024-2025 patent docket; and
  • an article claiming that a recent decision by the Federal Circuit “makes clear that the [International Trade Commission]’s powerful import bans aren’t just available to major businesses.”
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Opinions

Opinions & Orders – January 31, 2025

This morning the Federal Circuit released one nonprecedential opinion and five nonprecedential orders. The lone nonprecedential opinion came in a government contract case on appeal from the Court of Federal Claims. All five nonprecedential orders dismissed appeals. Here is the introduction to the opinion and links to the dismissals.

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Opinions

Opinions & Orders – December 4, 2024

Late yesterday, the Federal Circuit released a nonprecedential order dismissing an appeal. This morning, in turn, the court released five nonprecedential opinions, four in patent cases and one in a case appealed from the Merit Systems Protection Board. The court also released three nonprecedential orders granting summary affirmances under Rule 36 and another nonprecedential order dismissing an appeal. Here are the introductions to the opinions and links to the summary affirmances and dismissals.

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News

Recent News on the Federal Circuit

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

  • an article highlighting how the Federal Circuit recently “vacated a decision axing a[] . . . drug patent based on an argument not presented at trial and chastised the federal judge in Delaware who issued it”;
  • an article discussing how the Federal Circuit “reverse[d], in whole or in part, the PTAB only about 20% of the time” in July;
  • an article explaining that in a recent opinion, the Federal Circuit “affirmed a district court’s decision to grant a motion to dismiss a patent infringement case . . . due to patent ineligibility” of “image tagging patents”; and
  • a blog post explaining that the “Federal Circuit is set to hear oral arguments in . . . a case that could significantly impact Orange Book patent listing (and delisting) practices under the Hatch-Waxman Act.”
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Opinions

Opinions & Orders – September 17, 2024

This morning the Federal Circuit released one nonprecedential opinion and three nonprecedential orders. The nonprecedential opinion comes in a patent case. Two of the nonprecedential orders transfer cases, while the third nonprecedential order is a dismissal. Here are the introductions to the opinion and the orders other than the dismissal, which we link.

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Opinions

Opinions & Orders – July 15, 2024

This morning the Federal Circuit released one precedential opinion, one nonprecedential opinion, one nonprecedential order, and three Rule 36 judgments. The precedential opinion affirms a judgment of the Court of International Trade, while the nonprecedential opinion affirms a judgment of the Court of Federal Claims. The order is a dismissal. Here are the introductions to the opinions and links to the order and Rule 36 judgments.

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Opinions

Opinions & Orders – February 15, 2024

This morning, the Federal Circuit released three precedential opinions and one nonprecedential opinion. One of the precedential opinions addresses an appeal from a judgment of the Court of Federal Claims, which dismissed a claim for lack of subject matter jurisdiction. Another precedential opinion addresses an appeal from a judgment of the Trademark Trial and Appeal Board, which denied a petition for cancellation of mark’s registration. The third precedential opinion vacates and remands a judgment of the Court of Appeals for Veterans Claims due to impermissible fact finding. The nonprecedential opinion reverses and remands a grant of summary judgment of noninfringment by a district court in a patent case. Here are the introductions to the opinions.  

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