Opinions

Opinions & Orders – September 30, 2022

This morning the Federal Circuit released a precedential order denying a writ of mandamus to dismiss or transfer an appeal from the Western District of Texas to the Northern District of California. Notably, Judge Lourie dissented. Late yesterday and this morning, the Federal Circuit also released two nonprecedential orders dismissing appeals. Here is the text from the order and links to the dismissals.

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Opinions

Opinions & Orders – July 14, 2022

This morning the Federal Circuit released nonprecedential opinions in two separate patent cases appealed from the Patent Trial and Appeal Board. The Federal Circuit also released a nonprecedential order granting in part and denying in part a motion for sanctions and a Rule 36 judgment. Here are the introductions to the opinions, text from the order, and a link to the Rule 36 judgment.

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Opinions

Opinions & Orders – April 22, 2022

This morning the Federal Circuit issued three nonprecedential opinions in patent cases appealed from the Western District of Wisconsin, the Central District of California, and the Patent Trial and Appeal Board, respectively. The court also issued seven nonprecedential orders this morning and late yesterday. One grants a motion to transfer venue; two deny motions to transfer venue; two dismiss cases for lack of jurisdiction; and two grant voluntary dismissals. Here are the introductions to the opinions and orders.

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Opinions

Opinions & Orders – March 11, 2022

This morning the Federal Circuit issued a precedential opinion in a trade case appealed from the Court of International Trade. The Federal Circuit also issued two nonprecedential opinions. The first comes in an employment case appealed from the Merit Systems Protection Board, while the second comes in a patent case appealed from the Patent Trial and Appeal Board. Finally, the court issued five Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.

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Opinions

Opinions & Orders – March 10, 2022

This morning the Federal Circuit issued a precedential opinion in a patent case appealed from the Patent Trial and Appeal Board. The court also issued a nonprecedential opinion in a veterans case appealed from the Court of Appeals for Veterans Claims. Finally, the court issued six Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.

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Opinions

Opinions & Orders – November 16, 2021

This morning the Federal Circuit issued two nonprecedential opinions. The first comes in a patent case appealed from the District of Delaware. The second comes in a government contract case appealed from the Court of Federal Claims. The Federal Circuit also issued a nonprecedential order denying a petition for a writ of habeas corpus, a writ of mandamus, and a writ of quo warranto. Finally, the court issued three Rule 36 judgments. Here are the introductions to the opinions and orders and links to the Rule 36 judgments.

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News

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 discussing how the Federal Circuit recently denied a mandamus petition;
  • another article analyzing the Federal Circuit’s recent rejection of constitutional challenges to inter partes revew proceedings;
  • another article focusing on how recent Federal Circuit decisions “have strengthened arguments for invalidating drug patents in two areas”; and
  • a blog post explaining how “the Federal Circuit assesses the equitable powers of a legislative court: the Court of Appeals for Veterans Claims.”
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News

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:

  • a blog post detailing how in a patent case the Federal Circuit “affirmed a district court’s finding of exceptionality under 35 U.S.C. § 285” based on inequitable conduct;
  • another blog post discussing the Federal Circuit’s discussion of the “potential for decision maker bias to occur”;
  • a report explaining the Federal Circuit’s affirmance of “a Texas federal court’s decision to clear HP and other companies . . . of infringing several printing patents” and an “attorney fee order”; and
  • an article assessing how Apple “won . . . support . . . for its effort to get the Federal Circuit to rehear [a patent] ownership dispute.”
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Panel Activity

Update on Important Panel Activity

Here is this month’s update on activity in cases pending before panels of the Federal Circuit where the cases involve at least one amicus brief. We keep track of these cases in the “Other Cases” section of our blog. Today, with respect to these cases we highlight two dispositions in patent cases appealed from federal district courts and a disposition in a takings case appealed from Court of Federal Claims. Here are the details.

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Opinions / Panel Activity

Opinion Summary – Mobility Workx, LLC v. Unified Patents, LLC

Earlier this week the Federal Circuit issued its opinion in Mobility Workx, LLC v. Unified Patents, LLC, a patent case we have been following because it attracted an amicus brief. The case was argued before a panel that included Judges Newman, Schall, and Dyk. Mobility requested a remand to the Patent and Trademark Office in light of the Supreme Court’s holding in United States v. Arthrex, Inc., but it also made numerous constitutional challenges to the structure of the Patent Trial and Appeal Board. Judge Dyk authored the majority opinion in the case, ultimately remanding the case to the Acting Director of the Patent and Trademark Office to consider whether to grant a rehearing in light of Arthrex, but also concluding that Mobility’s constitutional arguments are without merit. Notably, Judge Newman authored an opinion concurring in part and dissenting in part. This is our opinion summary.

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