This morning the Federal Circuit released two precedential opinions, two nonprecedential opinions, and five nonprecedential orders. The first precedential opinions affirms a judgment of the Court of Appeals for Veterans Claims, while the second affirms a judgment of the Western District of Wisconsin in a patent case. As for the nonprecedential opinions, the first comes in an appeal from the Patent Trial and Appeal Board and the second in an appeal from the International Trade Commission. The five nonprecedential orders were all dismissals. Here are the introductions to the opinions and links to the dismissals.
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This morning, the Federal Circuit released one precedential opinion, two nonprecedential opinions, and seven nonprecedential orders.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 Both of the nonprecedential opinions come in patent cases.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.
Opinions & Orders – June 1, 2022
This morning the Federal Circuit released two precedential opinions. The first comes in a trademark case appealed from the Trademark Trial and Appeal Board; the second comes in a patent case appealed from the Patent Trial and Appeal Board. Late yesterday and this morning the Federal Circuit also released three nonprecedential orders. One dismisses an appeal for lack of jurisdiction, subject to reinstatement; one dismisses an appeal for failure to prosecute; and one grants a voluntary motion to dismiss. Here are the introductions to the opinions and links to the dismissals.
Opinions & Orders – February 28, 2022
This morning the Federal Circuit issued a nonprecedential opinion in a patent case appealed from the Patent Trial and Appeal Board. The opinion affirms the Board’s determination that patent claims were obvious. Here is the introduction to the opinion.
Opinions & Orders – December 11, 2020
This morning the Federal Circuit issued a nonprecedential opinion in a design patent case; a nonprecedential opinion in a trademark case; a nonprecedential opinion in an appeal from the Court of Veterans Appeals; a nonprecedential opinion in an appeal from the Merits Systems Protection Board; a nonprecedential order denying a motion to stay a final judgment of the Court of International Trade pending an appeal over a dissent by Judge Taranto; and two Rule 36 judgments. Here are the introductions to the opinions, text from the order; and a list of the Rule 36 judgments.
Opinions & Orders – November 3, 2020
This morning the Federal Circuit issued two nonprecedential opinions: one in a patent case and one in a government contract case. The Federal Circuit also issued two separate nonprecedential orders denying petitions for writs of mandamus. Finally, the Federal Circuit issued one Rule 36 judgment. Here are the introductions to the opinions, text from the orders, and a link to the Rule 36 judgment.
Recent Scholarship Related to the Federal Circuit
This month we highlight four papers, two related to institutional design and two related to patent law. The first paper addresses the creation of specialized courts and why these courts persist. The second paper focuses on the problem of myopia in comparative institutional analyses of legal institutions and the need to incorporate comparative failure analysis. The third and fourth papers address patent law, respectively, the creation of a database to conduct empirical studies of patent litigation in U.S. district courts, and the U.S. Patent Office’s attempts to provide clarity in the area of patent eligibility through guidance documents.