Opinions

Opinions & Orders – June 14, 2023

Late yesterday and this morning, the Federal Circuit released two opinions, one precedential and one nonprecedential, both in patent cases and both addressing obviousness. Additionally, the court released five nonprecedential orders, one transferring a case to another court, one summarily affirming a judgment, one granting a motion to remand a case, and two dismissing appeals. Additionally, the court released four summary affirmances and an erratum. Here are the introductions to the opinions and orders and links to the dismissals, summary affirmances, and the erratum.

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Opinions

Opinions & Orders – June 13, 2023

Late yesterday and this morning, the Federal Circuit released five nonprecedential orders, three transferring cases to other courts and two dismissing appeals. Here are the introductions to the transfers and one of the dismissals and a link to the other dismissals.

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Opinions

Opinion Summary – City of Wilmington v. United States

Last week, the Federal Circuit issued its opinion in City of Wilmington v. United States, a Clean Water Act case that attracted an amicus brief. In this case, the Federal Circuit reviewed a determination by the Court of Federal Claims that the City of Wilmington was not entitled to recover “the payment of reasonable service charges” assessed for “the control and abatement of water pollution” and interest pursuant to 33 U.S.C. § 1323. This is our opinion summary.

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Opinions

Opinions & Orders – June 8, 2023

Late yesterday and this morning, the Federal Circuit released two nonprecedential opinions: one in a patent case appealed from the Patent Trial and Appeal Board and one in a tax case appealed from the Court of Federal Claims. The Federal Circuit also released eight nonprecedential orders: one summarily affirming a dismissal for lack of jurisdiction by the Court of Federal Claims, two transferring cases to other circuit courts, one deactivating and dismissing appeals, and four dismissing appeals. Here are the introductions to the opinions and orders and links to the dismissals.

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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. The Court granted the petition for certiorari in Vidal v. Elster, a trademark case raising a question related to the First Amendment. While no new petitions were filed with the Court, the Court requested a response to a petition raising a question concerning patent eligibility; a waiver of right to respond was filed in a pro se case; a reply brief was filed in a veterans case; and a supplemental brief was filed in a patent case raising a question concerning inter partes review estoppel. Here are the details.

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Opinions

Opinions & Orders – June 6, 2023

This morning, the Federal Circuit released two precedential opinions, one nonprecedential opinion, and three nonprecedential orders. In the precedential opinions, the court respectively vacated and remanded a judgment in a government contract case and reversed and affirmed in part in a patent case. Notably, Judge Newman dissented in the government contract case. In the nonprecedential opinion, the court affirmed a judgment of the Court of Federal Claims in a pro se case. In the nonprecedential orders, the Federal Circuit dismissed appeals. Here are the introductions to the opinions and text from the orders.

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Opinions

Opinions & Orders – June 2, 2023

This morning, the Federal Circuit released a nonprecedential opinion in a pro se case appealed from the Court of Federal Claims. The Federal Circuit also released two nonprecedential orders: one granting a motion to withdraw an appeal and one dismissing an appeal. Here are the introductions to the opinion and order and a link to the dismissal.

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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. With respect to granted cases, there is no new activity to report since our last update. While no new petitions were filed with the Court, waivers of right to respond were filed in two pro se cases; a brief in opposition was filed in a patent case; reply briefs in support of petitions were filed in a patent case and in two veterans cases; amicus briefs were filed in two patent cases; and the Court denied certiorari in three patent cases. Here are the details.

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Opinions

Opinions & Orders – May 31, 2023

This morning, the Federal Circuit released a precedential opinion in a case appealed from the Court of Federal Claims addressing the Clean Water Act. Here is the introduction to the opinion.

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Panel Activity

Update on Important Panel Activity

Here is this month’s 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. Today, with respect to these cases we highlight an opinion in a tax case, an opinion in a government contract case, a patent case and a pro se employment case with new briefing, and an oral argument recap in a case concerning the Clean Water Act. Here are the details.

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