This morning, the Federal Circuit released two precedential opinions, four nonprecedential opinions, and two Rule 36 summary affirmances.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 Two of the nonprecedential opinions address jurisdiction, one affirms the rejection of proposed patent claims for being directed to patent-ineligible subject matter, and one affirms the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 Late yesterday, the Federal Circuit also released five nonprecedential orders dismissing appeals.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.
Opinions & Orders – February 5, 2024
This morning, the Federal Circuit released two nonprecedential opinions and six nonprecedential orders. The first opinion addresses a challenge to a district court’s construction of certain claim terms in a patent case. The second dismisses for lack of jurisdiction an appeal from the Court of Appeals for Veterans Claims. Two orders transfer appeals (one to a district court and another to an appellate court), one denies a petition for a writ of mandamus, two dismiss appeals, and one grants a summary affirmance. Here are the introductions to the opinions, selected text from the transfer and denial orders, and links to the dismissals and summary affirmance.
Opinions & Orders – January 29, 2024
This morning, the Federal Circuit released one precedential opinion, two nonprecedential orders, and one erratum. The precedential opinion addresses an appeal from a judgment of the Court of Federal Claims based on lack of standing. One order dismisses an appeal, while the other transfers a case to a district court. Here is the introduction to the opinion, selected text from the transfer order, and links to the dismissal and the erratum.
Opinions & Orders – January 26, 2024
This morning, the Federal Circuit released five nonprecedential orders. One remands appeals to the Court of International Trade. One grants a petition for a writ of mandamus, while another denies a similar petition. Two are dismissals. Here are the links to the dismissals and selected text from the remaining orders.
Opinions & Orders – January 25, 2024
This morning, the Federal Circuit released five nonprecedential orders. Two transfer cases to district courts, one transfers a case to another federal appellate court, and another remands a case to the Court of International Trade. The fifth order dismisses an appeal. Late yesterday, the Federal Circuit released three nonprecedential orders, each dismissing an appeal. Here are the introductions to the transfer and remand orders and links to the dismissals.
Opinions & Orders – January 23, 2024
This morning, the Federal Circuit released two nonprecedential orders and an erratum. One order denies a petition for a writ of mandamus. The other grants a motion to remand for further proceedings. The erratum makes grammatical changes to a precedential opinion released yesterday. Late yesterday, the Federal Circuit also released a nonprecedential order dismissing a petition for review. Here is text from today’s orders and links to the erratum and yesterday’s dismissal.
Opinions & Orders – January 22, 2024
This morning, the Federal Circuit released two precedential opinions, four nonprecedential opinions, and one nonprecedential order. One of the precedential opinions addresses an action brought under the Fair Labor Standards Act. The other precedential opinion, which was previously released as a nonprecedential opinion, addresses an appeal from the Trademark Trial and Appeal Board. Two of the nonprecedential opinions address appeals in patent cases—one from the Patent Trial and Appeal Board and another from a district court. The third nonprecedential opinion addresses an appeal from the Court of Appeals for Veterans Claims, ultimately finding a lack of jurisdiction. Finally, the fourth nonprecedential opinion addresses an appeal from the Civilian Board of Contract Appeals. The order dismisses an appeal. Here are the introductions to the opinions and a link to the order.
Opinions & Orders – January 12, 2024
The Federal Circuit sends us into the weekend with the release of four nonprecedential opinions. One opinion addresses an appeal from the Court of Federal Claims in which a motion for extension to file a notice of appeal was denied. Another opinion addresses an appeal from a final written decision of the Patent Trial and Appeal Board finding two claims unpatentable as obvious. Finally, two opinions, sharing the same named parties, address appeals from decisions of the Patent Trial and Appeal Board finding certain claims unpatentable as obvious. Here are the introductions to the opinions.
Opinions & Orders – January 11, 2024
This morning, the Federal Circuit released one nonprecedential opinion, one nonprecedential order, and one Rule 36 summary affirmance. The opinion addresses a pro se appeal from a decision of the Court of Federal Claims. The order grants a motion to voluntarily dismiss an appeal. Here is the introduction to the opinion and links to the dismissal and summary affirmance.
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, one new petition was filed with the Court in a veterans case; two reply briefs in support of petitions were filed in a patent case and a veterans case; and the Court denied certiorari in three patent cases, three veterans cases, a trade case, a Fair Labor Standards Act case, and a pro se case. Here are the details.