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 The court also issued two nonprecedential opinions in related patent cases.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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En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. Highlights include modified opinions issued in two patent cases raising questions related to eligibility; new petitions filed in two cases raising questions related to obviousness; a new invitation to respond to a petition raising questions related to venue; and the denial of petitions in cases raising questions related to jurisdiction over an appeal from the Patent Trial and Appeal Board, restriction requirements, and patent term adjustments. Here are the details.

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En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. In NOVA v. Secretary of Veterans Affairs, a veterans case in which the en banc court will consider the court’s jurisdiction to review interpretive rules the Department of Veterans Affairs promulgates in its Adjudication Procedures Manual, three new amicus briefs were filed. Other highlights include new petitions in two patent cases raising questions related to venue and claim preclusion; a new response to a petition in another patent case raising questions related to jurisdiction; an invitation to respond to a petition raising questions related to patent eligibility; and the denial of a petition raising questions related to obviousness. Here are the details.

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En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. Highlights include a response to a petition in a case raising questions related to standing; a new invitation for response to a petition in a case raising questions related to Jurisdiction over an appeal from the Patent Trial and Appeal Board; and the denial of a petition raising questions related to inequitable conduct and obviousness. Here are the details.

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En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. Highlights include a new petition filed in a case raising a question related to jurisdiction over an appeal from the Patent Trial and Appeal Board; a dismissal agreement in a case raising questions related to vitiation; and the denial of petitions in three cases raising questions related to prosecution history estoppel and the Appointments Clause. Here are the details.

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