This morning the Federal Circuit released five nonprecedential opinions and one Rule 36 judgment. The first opinion affirms a decision of the Patent Trial and Appeal Board. The second and third opinions affirm dismissals by the Court of Federal Claims. The last two opinions affirm decisions of the Merit Systems Protection Board. Here are the introductions to the opinions and a link to the Rule 36 judgment.
Opinions & Orders – September 6, 2024
This morning the Federal Circuit released one precedential opinion, two nonprecedential opinions, and three Rule 36 judgments. The precedential opinion vacates a judgment of non-infringement, reverses an exclusion of testimony, and remands a patent case for further proceedings. The first nonprecedential opinion affirms a judgment of the Court of Federal Claims in a case in which a veteran requested a retroactive promotion. The second nonprecedential opinion dismisses an appeal from the Court of Appeals for Veterans Claims. Here are the introductions to the opinions and links to the Rule 36 judgments.
Recent News on the Federal Circuit
Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:
- an article discussing a recent Federal Circuit decision addressing expert testimony;
- an article addressing another recent Federal Circuit decision addressing the application of Supreme Court precedent on patent eligibility; and
- an article reporting on a Federal Circuit judge’s skepticism that a lower court incorrectly calculated damages in a copyright case.
Update on Important Panel Activity
Here is an update on activity in cases pending before panels of the Federal Circuit where the case involves at least one amicus brief. We keep track of these cases in the “Other Cases” section of our blog. Today with respect to these cases we highlight four recent opinions, four new cases, new briefing in three cases, and a recent oral argument. Here are the details.
Recent En Banc Activity
Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update, the court denied a petition raising issues related to patent eligibility. Here are the details.
Opinions & Orders – August 30, 2024
This morning the Federal Circuit released ten nonprecedential orders. Nine of the orders were dismissals while the remaining order vacates a judgment and remands a case to the Court of Federal Claims in light of the Supreme Court’s decision in Loper Bright Enterprises v. Raimondo. Here is the introduction to this last order and links to the dismissals.
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 the two cases pending at the Supreme Court that were previously decided by the Federal Circuit, merits briefs and amicus briefs were filed. With respect to petitions, five new petitions were filed, three briefs in opposition to petitions were filed, two new waivers of the right to respond were filed, and one new amicus brief was filed. Here are the details.
Opinions & Orders – August 22, 2024
This morning the Federal Circuit released three nonprecedential orders, all of which were dismissals. Here are links to the orders.
Opinions & Orders – August 20, 2024
This morning the Federal Circuit released one precedential opinion, two nonprecedential opinions, and four nonprecedential orders, which were all dismissals. The precedential opinion comes in a veterans case appealed from the Court of Appeals for Veterans Claims. In this case, the Federal Circuit vacated the judgment and remanded the case to the Veterans Court. The first nonprecedential opinion comes in an appeal from a decision denying a petition under the National Vaccine Injury Compensation Program. The second nonprecedential opinion comes in an appeal from a district court, which found that a patent claim is invalid based on indefiniteness. Here are introductions to the opinions and links to the dismissals.
Opinions & Orders – August 15, 2024
This morning the Federal Circuit released two nonprecedential opinions and an erratum. The first nonprecedential opinion comes in a trade case appealed from the Court of International Trade. The second comes in a patent case appealed from the Central District of California. Here are the introductions to the opinions and a link to the erratum.