This morning, the Federal Circuit released one precedential opinion and four nonprecedential orders. Late yesterday, the Federal Circuit also released another nonprecidential order. The opinion affirms a judgment of the United States Court of Federal Claims in a vaccine case. One of the orders dismisses an appeal, and another grants a motion to transfer a case to the Middle District of Alabama. The other three orders also dismiss appeals. Here are the introductions to the opinion and two of the orders and links to the three of the dismissals.
Opinions & Orders – February 9, 2024
This morning, the Federal Circuit released two precedential opinions, four nonprecedential opinions, and two Rule 36 summary affirmances. One of the precedential opinions addresses an appeal from a final written decision of the Patent Trial and Appeal Board in a post-grant review, which held certain claims unpatentable as obvious or lacking written description. The other precedential opinion addresses an appeal from a judgment of the Court of Federal Claims and addresses an assertion by the government of a right to practice a patent and have a patent practiced on its behalf under a provision of a Bayh-Dole Act. Two of the nonprecedential opinions address jurisdiction, one affirms the rejection of proposed patent claims for being directed to patent-ineligible subject matter, and one affirms the dismissal of a complaint due to the claims being timebarred. Late yesterday, the Federal Circuit also released five nonprecedential orders dismissing appeals. Here are the introductions to the opinions and links to the dismissals and summary affirmances.
Opinions & Orders – February 7, 2024
This morning, the Federal Circuit released one precedential opinion, two nonprecedential opinions, and one nonprecedential order. The precedential opinion addresses an appeal from a judgment of the Patent Trial and Appeal Board—challenging both the Board’s claim construction and asserting that the Board’s decision violates the Administrative Procedure Act. The two nonprecedential opinions address appeals from decisions of the Merit Systems Protection Board, with one opinion sparking a dissent from Judge Reyna. The order grants a voluntary withdrawal of a petition for review. Here are the introductions to the opinions and a link to the order.
Opinions & Orders – December 14, 2023
On its website, today, the Federal Circuit did not release any opinions, but it did release eleven nonprecedential orders in various cases. (Judges Prost, Hughes, and Stoll were busy!) Other than an order granting a petition to transfer a patent case from the Western District of Texas to the Northern District of California, the orders are relatively run-of-the mill. They do things like dismiss petitions, summarily affirm, deny petitions, and grant undisputed motions to transfer, and dismissal appeals. Here are the introductions to ten of the orders and a link to the eleventh order, a dismissal.
Opinions & Orders – December 11, 2023
Today the Federal Circuit released a precedential opinion in a government contract case and a nonprecedential opinion in a pro se case. The court also released two nonprecedential orders granting summary affirmances. Here are the introductions to the opinions and links to the orders.
Opinions & Orders – December 5, 2023
This morning, the Federal Circuit released two nonprecedential opinions, one nonprecedential order granting a summary affirmance, and two nonprecedential orders dismissing appeals. The opinions come in a case appealed from the Trademark Trial and Appeal Board and a case appealed from the Merit Systems Protection Board, respectively. Here are the introductions to the opinions and links to the summary affirmance and dismissals.
Opinions & Orders – November 3, 2023
This morning, the Federal Circuit released one precedential opinion, one nonprecedential opinion, and one nonprecedential order. The precedential opinion, which sparked a dissent from Judge Dyk, addresses an appeal in a patent case from a district court’s finding that the case was exceptional. The nonprecedential opinion affirms a judgment of the Court of Appeals for Veterans Claims regarding the effective date of a veteran’s disability compensation. The order grants a motion to withdraw an appeal. Here are the introductions to the opinions and a link to the order.
Opinions & Orders – October 30, 2023
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 – September 19, 2023
This morning, the Federal Circuit released one nonprecedential opinion and five nonprecedential orders. The opinion addressed an appeal to the Merit Systems Protection Board regarding a disputed charge of insubordination. The five orders are dismissals. Here is the introduction to the opinion and links to the dismissals.
Opinions & Orders – September 15, 2023
Today, the Federal Circuit released one precedential opinion and two nonprecedential orders. The opinion vacates a non-infringement judgment in a patent case and remands for further proceedings. Interestingly, the Federal Circuit previously vacated a summary judgment of infringement in the same case. The nonprecedential orders each grant unopposed motions for voluntary dismissals. Here is the introduction to the opinion and the links to the dismissals.