This morning the Federal Circuit released three nonprecedential opinions and four nonprecedential orders. The first opinion affirms a judgment of the Patent Trial and Appeal Board, the second affirms a dismissal by the Court of Federal Claims for lack of jurisdiction, and the third affirms a judgment of the Office of Personnel Management. The first order transfers an appeal to the Court of Appeals for the Second Circuit, and all the other orders are dismissals. Here are the introductions to the opinions and the first order and links to the dismissals.
Opinions & Orders – July 2, 2024
This morning the Federal Circuit released one nonprecedential order, a dismissal. Here is a link to the order.
Opinions & Orders – May 7, 2024
This morning, the Federal Circuit released two nonprecedential opinions in cases appealed from the Court of Appeals for Veterans Claims and the Merit Systems Protection Board, respectively. The Federal Circuit also released four nonprecedential orders: two were summary affirmances and one was a dismissal. Here are the introductions to the opinions and links to the orders.
Opinions & Orders – May 3, 2024
The Federal Circuit has been busy. This morning it released two precedential opinions and seven nonprecedential orders. One of the precedential opinions comes in a patent case and reverses in part final written decisions of the Patent Trial and Appeal Board. The other precedential opinion comes in a veterans case and affirms dismissal of veterans’ petitions for writs of mandamus. The nonprecedential orders do various things in various cases: deny a motion for permission to appeal, dismiss a petition for review, grant a motion to remand a trademark case back to the Trademark Trial and Appeal Board, grant a motion to transfer a case, dismiss a petition for review as premature, grant a petition by the Director of the Office of Personnel Management for review of a final order of the Merit Systems Protection Board, and grant a motion for summary affirmance. Late yesterday, the Feddral Circuit also released another nonprecedential order dismissing an appeal. Here are the introductions to the opinions and orders, other than the dismissal, which is only linked.
Opinions & Orders – April 11, 2024
This morning, the Federal Circuit released one precedential opinion, two nonprecedential opinions, and six nonprecedential orders. The precedential opinion, which attracted two amicus briefs, addresses an appeal from a final judgment of a district court holding certain patent claims invalid as obvious. Judge Cunningham filed an opinion dissenting in part. One of the nonprecedential opinions affirms four final written decisions of the Patent Trial and Appeal Board, determining all claims are unpatentable over asserted prior art. The other nonprecedential opinion affirms a decision of the Merit Systems Protections Board. Two of the nonprecedential orders transfer appeals to other United States appellate courts. Four of the nonprecedential orders are dismissals. Here are the introductions to the opinions, selected text from the transfer orders, and links to the dismissals.
Opinions & Orders – April 4, 2024
This morning, the Federal Circuit released two precedential opinions, one nonprecedential opinion, one Rule 36 summary affirmance, and one nonprecedential order. One of the two precedential opinions affirms a summary judgment by a district court in a patent case. The other precedential opinion resolves an appeal from a judgment of the United States Court of International Trade. The nonprecedential opinion addresses an appeal from a judgment of the Merit Systems Protection Board. Finally, the order denies a petition for writ of mandamus seeking to order the Western District of Texas to transfer a case to the Northern District of California. Here are the introductions to the opinions, selected text from the order, and a link to the summary affirmance.
Opinions & Orders – March 25, 2024
This morning, the Federal Circuit released one precedential opinion, one nonprecedential opinion, and four nonprecedential orders. The precedential opinion concerns a “seven-day trip of two transcatheter heart valve systems in and out of San Francisco”—and whether this act of “importation” was exempt from patent infringement under the safe harbor provision of 35 U.S.C. § 271(e)(1). Judge Lourie dissented from the majority’s interpretation of the relevant statutory language and precedent to exempt infringement in this situation. The nonprecedential opinion addresses an appeal from a decision of the Court of Appeals for Veterans Claims affirming the denial of fees. The orders are dismissals. Here are the introductions to the opinions and links to the orders.
Opinions & Orders – March 18, 2024
This morning, the Federal Circuit released one nonprecedential opinion and three nonprecedential orders. The opinion addresses a pro se appeal from a judgment of the Merit Systems Protection Board. Two of the orders deny petitions, while one dismisses an appeal. Late Friday, the Federal Circuit also released one nonprecedential order dismissing another appeal. Here is the introduction to the opinion, selected text from the orders denying petitions, and links to the dismissals.
Opinions & Orders – March 13, 2024
This morning, the Federal Circuit released one nonprecedential opinion and three nonprecedential orders. The opinion addresses an appeal from a judgment of the Patent Trial and Appeal Board and attends to arguments related to claim construction and the determination of analogous art for purposes of a nonobviousness analysis. The orders are dismissals. Here is the introduction to the opinion and links to the orders.
Opinions & Orders – March 12, 2024
This morning, the Federal Circuit released three nonprecedential opinions and two nonprecedential orders. All three of the opinions address pro se appeals—two opinions dismiss for lack of jurisdiction and one affirms a final order of the Merit Systems Protection Board. The orders are dismissals. Here are the introductions to the opinions and links to the orders.