Opinions

Opinions & Orders – March 6, 2024

This morning, the Federal Circuit released two precedential opinions, three nonprecedential opinions, three nonprecedential orders, and six Rule 36 summary affirmances. One of the precedential opinions addresses an appeal from a judgment of the Civilian Board of Contract Appeals. The other precedential opinion addresses an appeal from a district court judgment in a patent case and addresses indefiniteness. Two of the three nonprecedential opinions affirm judgments of the Patent Trial and Appeal Board. The third nonprecedential opinion affirms a judgment of the Court of Federal Claims in a pro se case. The orders are dismissals. Here are the introductions to the opinions and links to the dismissals and summary affirmances.

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Opinions

Opinions & Orders – January 12, 2024

The Federal Circuit sends us into the weekend with the release of four nonprecedential opinions. One opinion addresses an appeal from the Court of Federal Claims in which a motion for extension to file a notice of appeal was denied. Another opinion addresses an appeal from a final written decision of the Patent Trial and Appeal Board finding two claims unpatentable as obvious. Finally, two opinions, sharing the same named parties, address appeals from decisions of the Patent Trial and Appeal Board finding certain claims unpatentable as obvious. Here are the introductions to the opinions.

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Opinions

Opinions & Orders – August 28, 2023

Today, the Federal Circuit released two opinions, one precedential and one nonprecedential, both in patent cases. The precedential opinion, which inspired six amici briefs, addresses obviousness-type double patenting. The nonprecedential opinion involves a consolidated appeal of two inter partes review decisions, which held all challenged claims invalid on grounds of obviousness. Here are the introductions to the opinions.

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Opinions

Opinions & Orders – August 24, 2023

Today, the Federal Circuit released a precedential opinion, a nonprecedential opinion, and a nonprecedential order.  The precedential opinion comes in an appeal from the Patent Trial and Appeal Board, which held all claims of a patent unpatentable as obvious. The nonprecedential opinion similarly comes in an appeal from the Patent Trial and Appeal Board and addresses the patentability of claims. Finally, the nonprecedential order dismisses a petition for failure to submit an opening brief. Here are the introductions to the opinions and a link to the dismissal.

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Opinions

Opinions & Orders – August 18, 2023

Today, the Federal Circuit released a nonprecedential opinion in a patent case appealed from the Patent and Trademark Office. The opinion discusses why the court affirmed the invalidation of numerous claims of three patents for obviousness. The court also released a summary affirmance under Federal Circuit Rule 36 and a nonprecedential order dismissing an appeal. Here is the introduction to the opinion and links to the summary affirmance and dismissal.

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Opinions

Opinions & Orders — August 15, 2023

Today, the Federal Circuit released two nonprecedential opinions and three nonprecedential orders. The first opinion comes in a patent case appealed from the Patent Trial and Appeal Board and addresses obviousness. The second opinion comes in another patent case appealed from a district court and addresses several issues. Two of the orders dismiss appeals for failure to pay docketing fees and one dismisses for failure to file a brief within the permitted time. Here are the introductions to the opinions and links to the dismissals.

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En Banc Activity

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include two new petitions raising questions concerning actual reduction to practice and obviousness. The court also denied another petition raising a question related to obviousness. Here are the details.

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News

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 and a blog post providing information on the recently released letter and order regarding the ongoing investigation into Judge Newman’s fitness to serve as a judge; and
  • a blog post discussing whether obviousness is a question of law or fact.
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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 7, 2023

This morning, the Federal Circuit released a nonprecedential opinion in a patent case concerning obviousness. The court also released eight nonprecedential orders, which included a grant of a petition for a writ of mandamus to order the Western District of Texas to transfer a patent case, a grant of a motion to dismiss for lack of jurisdiction, four summary affirmances, and two dismissals. Here are the introductions to the opinion and orders and links to the summary affirmances and dismissals.

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