Opinions

Opinions & Orders – June 14, 2023

Late yesterday and this morning, the Federal Circuit released two opinions, one precedential and one nonprecedential, both in patent cases and both addressing obviousness. Additionally, the court released five nonprecedential orders, one transferring a case to another court, one summarily affirming a judgment, one granting a motion to remand a case, and two dismissing appeals. Additionally, the court released four summary affirmances and an erratum. Here are the introductions to the opinions and orders and links to the dismissals, summary affirmances, and the erratum.

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En Banc Activity

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include a new petition presenting questions related to patent reissue and the written description requirement; two new invitations for response to petitions presenting questions related to patent reissue, the written description requirement, and appellate jurisdiction; and denials of two petitions presenting questions related to the non-obviousness requirement and anticipation. Here are the details.

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En Banc Activity

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include new petitions filed in four cases raising questions about the non-obviousness and novelty patentability requirements, the definiteness requirement, and principles of claim construction. The court also denied two petitions raising questions about eligibility and infringement. Here are the details.

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Opinions

Opinions and Orders – February 15, 2023

This morning the Federal Circuit released a precedential opinion affirming a ruling of unpatentability as a result of the public use bar in a patent case appealed from the District of Delaware. The Federal Circuit also released three nonprecedential opinions. The first affirms a judgment in an inter partes review proceeding appealed from the Patent Trial and Appeal Board. The other two each dismiss a veterans case that was appealed from the Court of Appeals for Veterans Claims. Finally, the Federal Circuit released four nonprecedential orders dismissing appeals. Here are the introductions to the opinions and links to the dismissals.

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Opinions

Opinions & Orders – February 8, 2023

This morning the Federal Circuit released two precedential opinions. The first comes in a takings case appealed from the Court of Federal Claims. In it, the Federal Circuit affirmed a dismissal of the claim for lack of a cognizable property interest. The second comes in patent case appealed from the Patent Trial and Appeal Board. In it, the Federal Circuit affirms the Board’s denial of rehearing of two inter partes review proceedings. The Federal Circuit also released two nonprecedential orders dismissing appeals and a Rule 36 judgment. Here are the introductions to the opinions and links to the dismissals and Rule 36 judgment.

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Opinions

Opinions & Orders – January 18, 2023

This morning the Federal Circuit released a nonprecedential opinion in a patent case appealed from the Patent Trial and Appeal Board. The Federal Circuit also released five Rule 36 judgments. Here is the introduction to the opinion and links to the Rule 36 judgments.

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Opinions

Opinions & Orders – January 9, 2023

This morning the Federal Circuit released two precedential opinions. The first opinion comes in a patent case appealed from the Patent Trial and Appeal Board. In this opinion, the Federal Circuit vacates the Board’s affirmance of an examiner’s final rejection of claims. The second opinion comes in a veterans case appealed from the Court of Appeals for Veterans Affairs. In this opinion, the Federal Circuit affirms the denial of entitlement to service connection for a psychiatric disorder. The Federal Circuit also released six nonprecedential opinions. One denies a petition for a writ of mandamus to transfer a patent case from the Western District of Texas to the Northern District of California; one grants a petition for a writ of mandamus to undo an order by the Eastern District of Texas transferring two cases to the Central District of California; and four dismiss appeals. Here are the introductions to the opinions, text from the orders, and links to the dismissals.

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Opinions

Opinions & Orders – January 6, 2023

This morning the Federal Circuit released a precedential opinion in a patent case appealed from the Patent Trial and Appeal Board. In it, the Federal Circuit affirmed the Board’s judgment in an interference proceeding. The Federal Circuit also released a nonprecedential opinion in another patent case appealed from the Patent Trial and Appeal Board. Notably, both patent cases involve the same parties. Finally, the Federal Circuit released three nonprecedential orders dismissing appeals. Here are the introductions to the opinions and links to the dismissals.

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Opinions

Opinions & Orders – August 30, 2022

This morning the Federal Circuit released a nonprecedential opinion in a tax case appealed from the Court of Federal Claims. In the opinion, the Federal Circuit affirmed a dismissal for lack of subject matter jurisdiction and denial of a request for a default order. The Federal Circuit also released two errata and a nonprecedential order granting an unopposed motion to lift a stay and remand to the Court of Federal Claims. Here is the introduction to the opinion, text from the order, and links to the errata.

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Opinions

Opinions & Orders – August 2, 2022

This morning the Federal Circuit released a precedential opinion in a trade case appealed from the Court of International Trade; a nonprecedential opinion in a patent case appealed from the Patent Trial and Appeal Board; and a nonprecedential order dismissing an appeal. Here are the introductions to the opinions and a link to the dismissal.

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