Opinions

Opinions & Orders – May 10, 2024

This morning the Federal Circuit released one precedential opinion, four nonprecedential opinions, and two summary affirmances. The precedential opinion reverses and remands a judgment of the Court of Federal Claims in a case involving an application for attorneys’ fees under the Equal Access to Justice Act. Two of the nonprecedential opinions affirm the Merit Systems Protection Board, another dismisses an appeal from a judgment of the Court of Appeals for Veterans Claims, and the fourth affirms an anti-filing injunction entered by the District of Delaware in a patent case. The Federal Circuit also released two nonprecedential orders summarily affirming under Rule 36. Here are the introductions to the opinions and links to the orders.

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Opinions

Opinions & Orders – May 3, 2024

The Federal Circuit has been busy. This morning it released two precedential opinions and seven nonprecedential orders. One of the precedential opinions comes in a patent case and reverses in part final written decisions of the Patent Trial and Appeal Board. The other precedential opinion comes in a veterans case and affirms dismissal of veterans’ petitions for writs of mandamus. The nonprecedential orders do various things in various cases: deny a motion for permission to appeal, dismiss a petition for review, grant a motion to remand a trademark case back to the Trademark Trial and Appeal Board, grant a motion to transfer a case, dismiss a petition for review as premature, grant a petition by the Director of the Office of Personnel Management for review of a final order of the Merit Systems Protection Board, and grant a motion for summary affirmance. Late yesterday, the Feddral Circuit also released another nonprecedential order dismissing an appeal. Here are the introductions to the opinions and orders, other than the dismissal, which is only linked.

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Opinions

Opinions & Orders – April 5, 2024

This morning, the Federal Circuit released two nonprecedential opinions and seven Rule 36 summary affirmances. One of the opinions addresses an appeal from a judgment of the Patent Trial and Appeal Board. The other opinion addresses an appeal from a judgment of the Court of Federal Claims. Here are the introductions to the opinions and links to the summary affirmances.

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Opinions

Opinions & Orders – March 13, 2024

This morning, the Federal Circuit released one nonprecedential opinion and three nonprecedential orders. The opinion addresses an appeal from a judgment of the Patent Trial and Appeal Board and attends to arguments related to claim construction and the determination of analogous art for purposes of a nonobviousness analysis. The orders are dismissals. Here is the introduction to the opinion and links to the orders.

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Opinions

Opinions & Orders – March 7, 2024

This morning, the Federal Circuit released one precedential opinion, two nonprecedential opinions, one dismissal, and two Rule 36 summary affirmances. The precedential opinion addresses an appeal from a judgement of the United States Court of International Trade. One of the nonprecedential opinions addresses an appeal from a judgment of the Merit Systems Protection Board, while the other addresses an appeal from a judgment of the Patent Trial and Appeal Board. Here are the introductions to the opinions and links to the dismissal and summary affirmances.

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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 – February 12, 2024

This morning, the Federal Circuit released one precedential opinion, one nonprecedential opinion, one nonprecedential order, and two Rule 36 summary affirmances. The precedential opinion, which drew a dissent from Judge Reyna, addresses the application of the Barring Act to the settlement of Combat-Related Special Compensation claims. The nonprecedential opinion addresses a pro se appeal from a district court judgment in a patent case. The nonprecedential order dismisses an appeal. Here are the introductions to the opinions and links to the dismissal and summary affirmances.

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Petitions / 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. With respect to petitions, one new petition was filed with the Court in a veterans case; two reply briefs in support of petitions were filed in a patent case and a veterans case; and the Court denied certiorari in three patent cases, three veterans cases, a trade case, a Fair Labor Standards Act case, and a pro se case. Here are the details.

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Opinions

Opinions & Orders – December 26, 2023

This morning, the Federal Circuit released one precedential opinion, one nonprecedential opinion, and two nonprecedential orders. The precedential opinion concerns the construction of terms of a patent held not to be infringed. The nonprecedential opinion addresses an appeal of a final written decision of the Patent Trial and Appeal Board, which held certain claims unpatentable as obvious. One of the orders is a dismissal, and the other denies a petition and additional motions. Here are the introductions to the opinions, selected text from the denial of the petition, and a link to the dismissal.

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Opinions

Opinions & Orders – December 18, 2023

Today, the Federal Circuit released one precedential opinion and six nonprecedential orders. The opinion affirms the dismissal of a pro se complaint for lack of subject matter jurisdiction but vacates an injunction the trial court imposed on the complainant. Five of the orders are dismissals, while one denies a petition seeking a writ of mandamus. Here are the introductions to the opinion and denial of the petition, following by a link to the remaining orders.

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