Opinions

Opinions & Orders – March 4, 2021

This morning, the Federal Circuit issued two precedential opinions in government contract cases, one nonprecedential opinion in a veterans case, and one nonprecedential opinion in a patent case. Additionally, the court issued two Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgements.

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Argument Recap / Featured / Supreme Court Activity

Argument Recap – United States v. Arthrex, Inc.

On Monday, March 1, 2021, the Supreme Court heard oral arguments in the closely-watched patent case, United States v. Arthrex. As we previewed a couple days prior to argument, two main issues were considered by the Court. First, for purposes of the Appointments Clause, whether administrative patent judges (APJs) of the Patent Trial and Appeal Board (PTAB) are principal or inferior officers. And second, if APJs are indeed principal officers, whether the Federal Circuit properly cured any Appointments Clause defect through the remedy it provided. Here are the details.

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Argument Preview

Argument Preview – United States v. Arthrex, Inc.

On Monday, the Supreme Court will hear oral arguments in a much-anticipated patent case, United States v. Arthrex, Inc. The first issue for consideration by the Court is whether, for purposes of the Appointments Clause, administrative patent judges of the Patent Trial and Appeal Board are principal or inferior officers. The second issue is, if administrative patent judges are indeed principal officers, whether the Federal Circuit properly cured any Appointments Clause defect through the remedy it provided. This is our argument preview.

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Opinions

Opinions & Orders – February 26, 2021

This morning, the Federal Circuit issued a precedential opinion affirming the dismissal of a government contracts case as time-barred. The Federal Circuit also issued a nonprecedential order late yesterday denying a petition for a writ of mandamus directing the Western District of Texas to transfer a patent case. Here are the introductions to the opinion and order.

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Opinions

Opinions & Orders – February 25, 2021

This morning, the Federal Circuit issued a precedential opinion in a copyright case, vacating a decision by the Court of Federal Claims, which had absolved the U.S. Navy of copyright infringement. Here is the introduction to the opinion.

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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.

Here are the details.

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Opinions

Opinions & Orders – February 22, 2021

This morning, the Federal Circuit issued a precedential opinion in a patent case over a dissent from Judge Dyk, and also issued a nonprecedential opinion in a “Rails-to-Trails” takings case. Here are the introductions to the opinions.

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Opinions

Opinions & Orders – February 19, 2021

This morning, the Federal Circuit issued a precedential opinion in a patent case, a nonprecedential opinion in a government contracts case, and a nonprecedential opinion in a patent case. The court also issued a nonprecedential order in a patent case denying a petition for a writ of mandamus that would have directed the Northern District of California to vacate an order denying a motion to dismiss based on the first-to-file doctrine. Here are the introductions to the opinions.

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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.

Here are the details.

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News

Recent News on the Federal Circuit

Here’s the latest.

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