This morning the Federal Circuit released three precedential opinions, one nonprecedential order, and a Rule 36 judgment. In the first opinion, the Federal Circuit affirmed in part, reversed in part, and remanded to the Northern District of California a case where Apple and other companies are challenging the U.S. Patent and Trademark Office’s so-called Fintiv factors and, in particular, in the decision whether to institute inter partes review proceedings the role of the pendency of district-court infringement litigation involving the same patents. In the second opinion, the court vacated and remanded a judgment in a patent case on appeal from the District of Delaware. In the third opinion, the Federal Circuit reversed and remanded a judgment in a case appealed from the Patent Trial and Appeal Board. Finally, the nonprecedential order dismisses an appeal. Here are the introductions to the opinions and links to the order and Rule 36 judgment.
Opinions and Orders – March 8, 2023
Late yesterday and this morning, the Federal Circuit released one precedential opinion and nine nonprecedential orders. In the precedential opinion, the court vacated and remanded a judgment appealed from the Court of Appeals for Veterans Claims. One of the nonprecedential orders denied a petition for appellate attorney fees and costs following a Federal Circuit decision reversing and remanding a judgment of the Merit Systems Protection Board. Two of the nonprecedential orders remand cases appealed from the Northern District of West Virginia. Finally, five of the nonprecedential orders dismiss appeals and one is an erratum. Here is the introduction to the opinion, text from the orders, and links to the dismissals and erratum.
Opinions and Orders – February 24, 2023
Late yesterday and today, the Federal Circuit released one precedential opinion, two nonprecedential opinions, and two nonprecedential orders. In the precedential opinion, the court lifted an injunction and affirmed a judgment in a patent case appealed from the District of Delaware. In the two nonprecedential opinions, the Federal Circuit reversed judgments in patent cases appealed from the Patent Trial and Appeal Board. Finally, in the two nonprecedential orders, the Federal Circuit dismissed cases appealed from the Patent Trial and Appeal Board. Here are the introductions to the opinions and links to the orders.