Today the Federal Circuit released four precedential opinions, a nonprecedential opinion, two summary affirmances, and a dismissal. Two of the precedential opinions comes in related patent cases. In the first opinion, the court dismisses an appeal from a decision of the Patent Trial and Appeal Board because the appellant did not have standing. Notably, Judge Hughes filed a concurring opinion. In the second opinion, the court reversed an order by the District of New Jersey granting a preliminary injunction. In the third precedential opinion the Federal Circuit affirmed a judgment of the District of Delaware in a patent case. In the fourth precedential opinion, the Federal Circuit affirmed a decision of the Trademark Trial and Appeal Board. The nonprecedential opinion comes in a pro se case appealed from the Court of Federal Claims. Here are the introductions to the opinions and links to the summary affirmances and dismissal.
Opinions & Orders – May 6, 2025
Today the Federal Circuit released two precedential opinions, two nonprecedential opinions, and a nonprecedential order. One of the precedential opinions comes in a patent case appealed from the Patent Trial and Appeal Board, while the other precedential opinion comes in another patent case appealed from the District of Delaware. One of the nonprecedential opinions comes in a pro se case appealed from the Court of Federal Claims, while the other nonprecedential opinions comes in another patent case appealed from the District of Delaware. The court issued the nonprecedential order sua sponte to order the appellants to show cause why they should not be sanctioned for violated Federal Circuit Rule 32(b)(1) and a prior order. Here are the introductions to the opinions and a link to the order.
Opinions & Orders – April 28, 2025
This morning, the Federal Circuit released two nonprecedential opinion and five nonprecedential orders. Both of the opinions come in international trade cases appealed from the Court of International Trade. One of the orders denies a petition for a writ of mandamus, one grants a motion for summary affirmance, one transfers an appeal, and two dismiss appeals. Here are the introductions to the opinions and the order denying the petition, along with links to the other orders.
Update on Important Panel Activity
Here is an 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. With respect to these cases, since our last update we highlight one new opinion in government contract case, one new patent case raising a question related to Article III standing, and one new argument recap in a patent case involving a challenge to a district court’s claim construction. Here are the details.
Opinions & Orders – April 25, 2025
Today the Federal Circuit released three nonprecedential orders and an errata. Two of the orders transfer appeals, while the third dismisses an appeal. Here are links to the orders and the errata.
Recent Activity at the Supreme Court
Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted petitions, the petitioner filed his reply brief in Soto v. United States, a veterans case. With respect to pending petitions, one new petition was filed in a government contract case; a waiver of the right to respond was filed in a takings case; a brief in opposition was filed in a patent case; and an amicus brief was filed in the same takings case. In addition, the Court denied petitions in two patent cases and five pro se cases. Here are the details.
Opinions & Orders – April 23, 2025
This morning, the Federal Circuit released one precedential opinion and five nonprecedential opinions. In the precedential opinion, the court reversed a decision of the Patent Trial and Appeal Board based on an incorrect interpretation of the patent statute in the context of determining what qualifies as prior art for use in an inter partes review proceeding. Of the nonprecedential opinions, one comes in a vaccine case, one in an international trade case, one in a patent case appealed from the Patent Trial and Appeal Board, and two in patent cases appealed from district courts. Notably, Judge Stark filed additional views in the international trade case, indicating potential disagreement with the court’s law governing differential pricing analyses, while Judge Prost filed a concurring opinion in the nonprecedential opinion reviewing a decision of the Patent Trial and Appeal Board. Here are the introductions to the opinions.
Opinions & Orders – April 22, 2025
This morning, the Federal Circuit released two precedential opinions, one nonprecedential opinion, one nonprecedential order, and an errata. Of the two precedential opinions, one comes in a government contract case and the other comes in a trade case. The lone nonprecedential opinion comes in a patent case on appeal from the Patent Trial and Appeal Board. And the lone nonprecedential order transfers a case. Here is are the introductions to the opinions and order as well as a link to the errata.
Opinions & Orders – April 21, 2025
This morning, the Federal Circuit released two precedential opinions, one nonprecedential opinion, and three nonprecedential orders. Both precedential opinions come in trade cases on appeal from the Court of International Trade. Notably, Judge Reyna dissented in both appeals. The lone nonprecedential opinion comes in a pro se case on appeal from the Merit Systems Protection Board. All three nonprecedential orders dismiss appeals. Here is are the introductions to the opinions and links to the orders.
Recent Activity at the Supreme Court
Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted petitions, oral argument in Soto v. United States will take place later this month. With respect to pending petitions, one new petition was filed in a patent case. The Court also received a waiver of the right to respond to the petition in that patent case, along with a reply brief in another patent case. Here are the details.