FedCircuitBlog

This morning the Federal Circuit issued two precedential opinions. The first comes in a patent case appealed from the Northern District of California. The second comes in an employment case appealed from the Merit Systems Protection Board. The Federal Circuit also released two nonprecedential orders concerning the court’s jurisdiction over appeals from the Board of Correction for Army Records and over interlocutory appeals from the Patent Trial and Appeal Board. Here are the introductions to the opinions and orders.

This morning the Federal Circuit released four precedential opinions. The first comes in a government contract case appealed from the Civilian Board of Contract Appeals. The other three come in trade cases appealed from the Court of International Trade. The Federal Circuit also released two nonprecedential opinions, one in a trade case and the other in a patent case. Finally, the court released a nonprecedential order, a Rule 36 judgment, and an erratum. Here are the introductions to the opinions and orders.

This morning the Federal Circuit released three nonprecedential opinions. The first comes in a patent case appealed from the Patent Trial and Appeal Board; the second in a tax case appealed from the Court of Federal Claims; and the third in a veterans case appealed from the Court of Appeals for Veterans Claims. Here are the introductions to the opinions.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received three new petitions raising questions related to estoppel arising from inter partes review, the legal standard for overruling prior precedential decisions, claim construction, and the standard for the Patent Trial and Appeal Board to evaluate substitute claims and a motion to amend claims. The court also invited responses to four petitions raising questions related to the presumption of nexus in a non-obviousness analysis; the process and standard for determining indefiniteness; and choice of law, forum selection clauses, and injunctive relief. Finally, the court denied a petition raising questions related to the assignment of patents and standing. Here are the details.

This morning the Federal Circuit released a precedential opinion in a patent case appealed from the District of Minnesota addressing numerous issues concerning validity and infringement. The Federal Circuit also released four nonprecedential opinions in patent, tax, and employment cases. Notably, in a patent case appealed from the Patent Trial and Appeal Board, Judge Newman wrote a dissenting opinion. Finally, the court issued six Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.

This morning the Federal Circuit released a precedential opinion in a patent case appealed from the District of Delaware. The case addresses issues related to direct infringement and inducement of infringement. Notably, Judge Newman wrote a dissenting opinion. The court also issued two nonprecedential opinions in employment and government contract cases appealed from the Merit Systems Protection Board and the Court of Federal Claims respectively. Finally, the Federal Circuit issued an erratum. Here are the introductions to the opinions and a link to the erratum.

This morning the Federal Circuit released three nonprecedential opinions. The first comes in a veterans case appealed from the Court of Appeals for Veterans Claims. The second and third come in cases addressing the jurisdiction of the Court of Federal Claims. Finally, the Court issued a nonprecedential order granting a voluntary dismissal late yesterday. Here are the introductions to the opinions and order.

This morning the Federal Circuit released two nonprecedential opinions in cases appealed from the Court of Federal Claims. The first comes in a pro se employment case and the second addresses a claim for monetary damages for enslavement of the claimant’s Native American ancestors. The court also released five nonprecedential orders as well as a Rule 36 judgment. Here are the introductions to the opinions and orders.

This morning the Federal Circuit released a precedential opinion in a patent case appealed from the District of Massachusetts. The opinion vacates and remands based on the finding of an incorrect claim construction ruling by the district court. The Federal Circuit also released two nonprecedential orders. The first order deconsolidates cases appealed from the Patent Trial and Appeal Board, dismisses some of the cases, and informs the parties how they are to proceed on the remainder of the cases. The second order summarily affirms a dismissal by the Court of Federal Claims of a case for failure to pay the docketing fee. Here are the introductions to the opinion and orders.

This week is Court Week at the Federal Circuit, with hearings starting today. The Federal Circuit is providing access to live audio of each panel scheduled for argument via the Federal Circuit’s YouTube channel. In total, including a case set to be argued in two weeks, the court will convene 12 panels to consider about 58 cases. Of these 58 cases, the court will hear oral arguments in 41. Of these argued cases, three attracted amicus briefs: one patent case, one military records case, and one veterans case. Here’s what you need to know about these three cases.