This morning the Federal Circuit issued a precedential opinion in a patent case appealed from the Patent Trial and Appeal Board. The opinion addresses issues related to estoppel as a result of inter partes review. The court also issued two nonprecedential opinions in a patent and employment case, and a nonprecedential order denying a petition for en banc rehearing in a patent case. Notably, with respect to the order, Chief Judge Moore wrote a concurring opinion joined by Judges Newman, O’Malley, Taranto, and Chen, while Judge Prost wrote a dissenting opinion joined by Judges Dyk and Reyna. Finally, the court issued three nonprecedential orders denying and dismissing petitions for writs of mandamus and two Rule 36 judgments. Here are the introductions to the opinions and orders.
Opinions & Orders – August 18, 2021
This morning the Federal Circuit released a precedential opinion in a case addressing 35 U.S.C. § 145, which governs the shifting of fees in successful appeals from the U.S. Patent and Trademark Office to federal district court to challenge the rejection of patent applications. The court also released two nonprecedential opinions in a patent case and a government contract case. Here are the introductions to the opinions.