Opinions

Opinions & Orders – March 4, 2024

This morning and late Friday, the Federal Circuit released one precedential opinion, two nonprecedential opinions, and three nonprecedential orders. They precedential opinion addresses a pro se appeal from an arbitrator’s decision regarding termination from the Federal Bureau of Prisons. One of the nonprecedential opinions addresses an appeal from a final decision of the Armed Services Board of Contract Appeals. The other nonprecedential opinion addresses an appeal from a final written decision of the Patent Trial and Appeal Board. The three orders are dismissals. Here are the introductions to the opinions and links to the dismissals.

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Petitions / Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, the Supreme Court heard arguments this week in Arellano v. McDonough, a veterans case. With respect to petitions, two new petitions were filed with the Court in a patent case and a pro se case; the government waived its right to respond to a petition filed in a pro se case; the Court invited the Solicitor General to file briefs expressing the views of the United States in two patent cases related to so-called skinny labelling and eligibility, respectively; a supplemental brief was filed in a patent case raising questions related to patent law’s enablement requirement; a reply brief was submitted in a veterans case addressing the standard of proof governing rejection of disability claims; and, finally, the Court denied more than 20 petitions. Here are the details.

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Opinions

Opinions & Orders – September 8, 2022

This morning the Federal Circuit released three precedential opinions. The first comes in a patent case appealed from the Eastern District of Virginia; the second comes in a trade case appealed from the Court of International Trade; and the third comes in a veterans case appealed from the Court of Appeals for Veterans Claims. Notably, in the trade case, Judge Newman dissented. The Federal Circuit also released three nonprecedential opinions in patent cases appealed from the Court of Federal Claims, the District of South Carolina, and the Patent Trial and Appeal Board, respectively. Finally, the Federal Circuit released a nonprecedential order dismissing an appeal for failure to prosecute and a Rule 36 judgment. Here are the introductions to the opinions, a link to the dismissal, and a link to the Rule 36 judgment.

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Petitions / Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, there is no new activity to report since our last update. With respect to petitions, three new petitions were filed with the Court in takings cases. The government also waived its right to respond to petitions filed in two patent cases and one pro se case. Here are the details.

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Petitions / Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, there is no new activity to report since our last update. With respect to petition cases, one new petition was filed in a patent case; a waiver of right to respond was filed in a case raising questions about procedure; a brief in opposition was submitted in another patent case; and the Court denied certiorari in two patent cases.

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Petitions / Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, there is no new activity to report. With respect to petition cases, three new petitions were filed with the Court; a reply brief was filed in a case raising questions related to patent eligibility; and four supplemental briefs were submitted in three patent cases. Here are the details.

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Opinions

Opinions & Orders – December 21, 2021

This morning the Federal Circuit issued a nonprecedential opinion in an employment case appealed from an arbitration decision. The opinion addresses a grievance regarding a former employee’s removal from the U.S. Patent and Trademark Office for alleged unacceptable performance. Here is the introduction to the opinion.

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Opinions

Opinions & Orders – November 3, 2021

This morning the Federal Circuit issued a precedential opinion in a trade case appealed from the Court of International Trade. The court also issued two nonprecedential opinions. The first comes in a veterans case appealed from the Court of Appeals for Veterans Claims. The second comes in an employment case appealed from the Merit Systems Protection Board. Finally, the court issued a Rule 36 judgment. Here are the introductions to the opinions and a link to the Rule 36 judgment.

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