Opinions

Opinions & Orders – September 3, 2021

This morning the Federal Circuit issued two nonprecedential opinions in a case addressing the jurisdiction of the United States Court of Federal Claims and in a patent case appealed from the District Court for the District of Delaware addressing claim construction. Here are the introductions to the opinions.

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Opinions

Opinions & Orders – September 2, 2021

This morning the Federal Circuit issued a precedential opinion in a case addressing the jurisdiction of the United States Court of International Trade. The court also issued a nonprecedential opinion in a case appealed from the Patent Trial and Appeal Board addressing subject matter eligibility. Finally, the court also issued four Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.

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Opinions

Opinions & Orders – September 1, 2021

This morning the Federal Circuit issued three precedential opinions in cases addressing trademark cancellation, damages for patent infringement, and alleged inequitable conduct during patent prosecution. The court also issued two nonprecedential opinions in cases addressing government employment and the jurisdiction of the Court of Federal Claims. Finally, the court also issued two Rule 36 judgments. Here are the introductions to the opinions and a list of the Rule 36 judgments.

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Opinions

Opinions & Orders – August 31, 2021

This morning the Federal Circuit issued a precedential opinion in a trade case appealed from the United States Court of International Trade. The court also issued three nonprecedential opinions in employment and veteran cases appealed from the Merit Systems Protection Board and the United States Court of Appeals for Veterans Claims respectively. Finally, the court also issued six Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.

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Opinions

Opinions & Orders – August 26, 2021

This morning the Federal Circuit issued six precedential opinions in veterans, government contract, and patent cases. The patent cases address issues of claim construction, damages expert testimony, the written description requirement, and eligibility. The court also issued two nonprecedential opinions in related patent cases. Here are the introductions to the opinions.

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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 the Supreme Court’s October 2021 term, the Court still has not granted any petitions in cases decided by the Federal Circuit. As for pending petitions, since our last update five new petitions were filed with the Court: one in a government contract case, one in a veterans case, two in takings cases, and one in a pro se case. Additionally, two waivers of rights to respond were filed, one amicus brief was filed in a takings case, and three briefs in opposition to petitions addressing patent eligibility and preclusion were filed. Here are the details.

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Opinions

Opinions & Orders – August 25, 2021

This morning the Federal Circuit issued a precedential opinion in a government contract case appealed from the United States Court of Federal Claims. Here is the introduction to the opinion.

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Opinions

Opinions & Orders – August 18, 2021

This morning the Federal Circuit released a precedential opinion in a case addressing 35 U.S.C. § 145, which governs the shifting of fees in successful appeals from the U.S. Patent and Trademark Office to federal district court to challenge the rejection of patent applications. The court also released two nonprecedential opinions in a patent case and a government contract case. Here are the introductions to the opinions.

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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 six dispositions, one new case, one case with new briefing, and one oral argument recap. Here are the details.

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Opinions

Opinions & Orders – August 11, 2021

This morning the Federal Circuit issued a precedential opinion in a case appealed from the Court of Federal Claims, a precedential opinion in patent case, and a nonprecedential decision in a government contract case. Judge Newman dissented in the case appealed from the Court of Federal Claims. Here are the introductions to the opinions.

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