FedCircuitBlog

As we have been reporting, five cases being argued in March at the Federal Circuit attracted amicus briefs. One of these cases is Lemon Bay Cove LLC v. United States. In it, the Federal Circuit will review a judgment of the Court of Federal Claims, which held that the denial of a wetland permit by the United States Army Corps of Engineers was not a categorical taking or regulatory taking of Lemon Bay’s land. This is our argument preview.

Happy Leap Day! This morning, the Federal Circuit released one nonprecedential opinion. The opinion addresses an appeal from a judgment of the Court of Federal Claims, which dismissed a Fifth Amendment takings claim.  Here is the introduction to the opinion.

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, two new petitions were filed in two pro se cases. Additionally, a brief in opposition was filed in a patent case and three amicus briefs were filed in a veterans case. Here are the details.

This morning, the Federal Circuit released one nonprecedential opinion and five nonprecedential orders. The opinion addresses an appeal hinging on the interpretation of a patent license agreement. One of the nonprecedential orders addresses a petition for a writ of mandamus. The remaining four nonprecedential orders are dismissals. Here is the introduction to the opinion, selected text from the order addressing the petition, and links to the dismissals.

This morning, the Federal Circuit released one nonprecedential opinion and six nonprecedential orders. The opinion affirms judgments of the Patent Trial and Appeal Board in two inter partes review proceedings. The orders dismiss appeals. Here are the introduction to the opinion and text from the orders.

This morning, the Federal Circuit released one precedential opinion, one precedential order, one nonprecedential opinion, three nonprecedential orders, and two errata. In the precedential opinion—which addresses an appeal from a judgment of non-infringement by a district court—the Federal Circuit concluded that the district court incorrectly construed claim terms and thus vacated the judgment and remanded for further proceedings. The precedential order admonishes counsel for attempting to incorporate by reference multiple pages of argument from a brief in another case and warns future litigants against doing the same thing. The nonprecedential opinion addresses an appeal from a district court’s grant of a preliminary injunction in a patent and trade dress infringement case. The three nonprecedential orders are dismissals. Here are the introductions to the opinions and precedential order and links to the dismissals and errata.

This morning, the Federal Circuit released three precedential opinions and one nonprecedential opinion. One of the precedential opinions addresses an appeal from a judgment of the Court of Federal Claims, which dismissed a claim for lack of subject matter jurisdiction. Another precedential opinion addresses an appeal from a judgment of the Trademark Trial and Appeal Board, which denied a petition for cancellation of mark’s registration. The third precedential opinion vacates and remands a judgment of the Court of Appeals for Veterans Claims due to impermissible fact finding. The nonprecedential opinion reverses and remands a grant of summary judgment of noninfringment by a district court in a patent case. Here are the introductions to the opinions.  

This morning, the Federal Circuit released one precedential opinion, one nonprecedential opinion, and three Rule 36 summary affirmances. The precedential opinion addresses an appeal from a judgment of the Trademark Trial and Appeal Board, which affirmed an examiner’s refusal to register a mark for failure to comply with the domicile address requirement. The nonprecedential opinion dismisses an appeal from a judgment of the Court of Appeals for Veterans Claims. Here are the introductions to the opinions and links to the summary affirmances.

This morning, the Federal Circuit released one precedential opinion, one nonprecedential opinion, one nonprecedential order, and two Rule 36 summary affirmances. The precedential opinion, which drew a dissent from Judge Reyna, addresses the application of the Barring Act to the settlement of Combat-Related Special Compensation claims. The nonprecedential opinion addresses a pro se appeal from a district court judgment in a patent case. The nonprecedential order dismisses an appeal. Here are the introductions to the opinions and links to the dismissal and summary affirmances.

This morning, the Federal Circuit released two precedential opinions, four nonprecedential opinions, and two Rule 36 summary affirmances. One of the precedential opinions addresses an appeal from a final written decision of the Patent Trial and Appeal Board in a post-grant review, which held certain claims unpatentable as obvious or lacking written description. The other precedential opinion addresses an appeal from a judgment of the Court of Federal Claims and addresses an assertion by the government of a right to practice a patent and have a patent practiced on its behalf under a provision of a Bayh-Dole Act. Two of the nonprecedential opinions address jurisdiction, one affirms the rejection of proposed patent claims for being directed to patent-ineligible subject matter, and one affirms the dismissal of a complaint due to the claims being timebarred. Late yesterday, the Federal Circuit also released five nonprecedential orders dismissing appeals. Here are the introductions to the opinions and links to the dismissals and summary affirmances.