Opinions

Opinions & Orders – November 6, 2025

Late yesterday, the Federal Circuit released a nonprecedential order dismissing an appeal. This morning, the court released one precedential order, three nonprecedential opinions, four nonprecedential orders, and an errata. The precedential order comes in a petition for a writ of mandamus seeking to order the Director of the U.S. Patent and Trademark Office to vacate an order deinstituting an inter partes review proceeding. Two of the orders deny similar petitions of writs of mandamus. All three nonprecedential opinions come in pro se appeals, two from the Merit Systems Protection Board and one from the Court of Federal Claims. The remaining two orders dismiss appeals. Here are introductions to the opinions and links to the orders and the errata.

Read More
En Banc Activity / Featured

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. Since our last update, a party filed its reply brief in a pending en banc case raising questions related to statutory interpretation and agency deference. As for pending petitions, the Federal Circuit received two new responses to petitions in patent cases, the court invited a response to a petition in a design patent case, and the court denied two petitions in two other patent cases. Here are the details.

Read More
En Banc Activity / Featured / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. Since our last update, V.O.S. Selections filed its response brief in President Trump’s appeal challenging judgments and injunctions entered by the Court of International Trade in cases related to his tariffs. Sixteen amicus briefs were also filed in that case. Additionally, the Federal Circuit received three new petitions for en banc review in patent cases. Here are the details.

Read More
Opinions

Opinions & Orders – July 3, 2025

Late yesterday, the Federal Circuit released two nonprecedential orders dismissing appeals from decisions of the Merit System Protection Board and the Patent Trial and Appeal Board. This morning, the Federal Circuit released an errata for a patent case decided in April. Here are links to the dismissals and errata.

Read More
Opinions

Opinions & Orders – June 4, 2025

This morning, the Federal Circuit released two precedential opinions, two nonprecedential opinions, and two Rule 36 summary affirmances. Of the precedential opinions, one of the cases was a patent case appealed from a district court and the other was a case appealed from the Court of Federal Claims. Both of the nonprecedential opinions come in cases appealed from the Merit Systems Protection Board. Here are the introductions to the opinions and links to the summary affirmances.

Read More
En Banc Activity / Featured / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Two new petitions have been filed. One raises questions concerning an appeal related to obviousness, and the other comes in a pro se case. In addition, a response has been filed to a petition raising questions concerning after-arising technologies and the written description and enablement requirements. The court also denied two petitions, one concerning what patents should be listed in the Orange Book and the other concerning the burden of proof regarding enablement in inter partes review proceedings. Here are the details.

Read More
En Banc Activity / Featured / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Petitioners filed three new petitions, one presenting a question regarding waiver of alternative grounds for affirmance, one presenting a question regarding the burden of proving non-enablement in an inter partes review proceeding, and one presenting a question regarding injunctive relief pending a mandate. Additionally, the Federal Circuit issued an invitation for a response to a petition raising a question regarding the listing of patents in the Orange Book. Finally, a response was filed to the petition raising a question regarding injunctive relief pending a mandate. Here are the details.

Read More
Opinions

Opinions & Orders – January 7, 2025

This morning the Federal Circuit released two precedential opinions, one in a copyright case and one in a trade case. The court also released three nonprecedential opinions, two in patent cases and one in a trade case. The court also released an erratum. Here are the introductions to the opinions and a link to the erratum.

Read More
Opinions

Opinions & Orders – May 24, 2024

Late yesterday, the Federal Circuit released a precedential opinion reversing, vacating, and remanding a case appealed from the Patent Trial and Appeal Board. This morning, the Federal Circuit released three nonprecedential orders. The first grants a motion to remand appeals to the Court of Federal Claims. The others are dismissals. Here is the introduction to the opinion, the introduction to the order remanding appeals, and the links to the dismissals.

Read More
Opinions

Opinions & Orders – April 3, 2024

This morning, the Federal Circuit released four nonprecedential opinions, one nonprecedential order, and six Rule 36 summary affirmances. One of the opinions addresses an appeal challenging several orders of a district court in a patent case. Another of the opinions challenges a final written decision of the Patent Trial and Appeal Board in an inter partes review proceeding. The other two opinions address appeals from judgments of the Merit Systems Protection Board and the Court of Appeals for Veterans Claims. The nonprecedential order denies a petition for writ of mandamus seeking to direct the Trademark Trial and Appeal Board to vacate an order staying proceedings. Here are the introductions to the opinions, selected text from the order, and links to the summary affirmances.

Read More