This morning the Federal Circuit released two nonprecedential opinions and three Rule 36 judgments. The first nonprecedential opinion affirms a dismissal for lack of jurisdiction by the Merit Systems Protection Board, while the second dismisses an appeal from the Court of Appeals for Veterans Claims for lack of jurisdiction. Here are the introductions to the opinions and links to the Rule 36 judgments.
Opinions & Orders – November 4, 2024
This morning the Federal Circuit released two nonprecedential opinions and an erratum. The first nonprecedential opinion comes in a case decided by the Court of Federal Claims involving a challenge to a decision of the Board for Correction of Naval Records. The second nonprecedential opinion comes in a veterans case appealed from the Court of Appeals for Veterans Claims. Here are the introductions to the opinions and a link to the erratum.
Opinions & Orders – October 31, 2024
Happy Halloween! Yesterday afternoon, the Federal Circuit released two nonprecedential orders, both of which were dismissals. This morning, the Federal Circuit released three nonprecedential opinions. Two come in patent cases, while the third comes in a veterans case. Here are the introductions to the opinions and links to the dismissals.
Opinions & Orders – May 13, 2024
This morning the Federal Circuit released one nonprecedential opinion and five summary affirmances. The nonprecedential opinion affirms a judgment of the Merit Systems Protection Board, which ruled that the Navy did not violate a veteran’s veteran-preference rights. The five summary affirmances are nonprecedential orders affirming decisions under Rule 36. Here are the introductions to the opinions and links to the summary affirmances.
Opinions & Orders – December 15, 2023
Today the Federal Circuit a precedential opinion in a patent case appealed from the Patent Trial and Appeal Board and two nonprecedential opinions in two pro se cases. The court also released seven nonprecedential orders, two of which simply dismissed appeals. Here are the introductions to the opinions and the orders other than the dismissals.
Recent News on the Federal Circuit
Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:
- an article arguing “[a] review of the Federal Circuit’s motion panel assignment procedures makes clear that a party can time its filing to take advantage of the makeup of a current motion panel or wait for a future panel [that] has more judges considered favorable on the issue of venue mandamus”;
- an earlier article by the same authors arguing that “what is often portrayed as a rogue district court at odds with a supervising appellate court is in fact two things quite different–yet familiar to patent practitioners”; and
- a third article addressing the Federal Circuit’s denial of a petition for a writ of mandamus seeking to compel the U.S. Patent and Trademark Office to grant Director Review of decisions not to institute inter partes review and post grant review.
Opinions & Orders – August 16, 2022
This morning the Federal Circuit released a precedential order denying a petition for a writ of mandamus seeking to compel the United States Patent and Trademark Office to “accept and consider” requests for USPTO Director rehearing of decisions denying institution of inter partes review and post grant review. Notably, Judge Reyna wrote a concurring opinion. The Federal Circuit also released a nonprecedential order dismissing an appeal for failure to prosecute. Here is text from the orders.
Opinions & Orders – December 16, 2020
This morning, the Federal Circuit issued a nonprecedential opinion in a patent case and a Rule 36 judgment in a patent case. Here is the introduction to the opinion and a link to the Rule 36 judgment.