Opinions

Opinions & Orders – July 31, 2024

This morning the Federal Circuit released two precedential opinions, two nonprecedential opinions, and four nonprecedential orders. The first precedential opinion reverses and remands a grant of summary judgment by the Office of Congressional Workplace Rights, while the second precedential opinion affirms a judgment of the Patent Trial and Appeal Board. The first nonprecedential opinion dismisses half of a consolidated appeal from the Patent Trial and Appeal Board while affirming the other half, while the second nonprecedential opinion affirms a judgment of the Patent Trial and Appeal Board. All of the orders are dismissals. Here are the introductions to the opinions and links to the orders.

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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 reporting on Judge Newman’s continued efforts “to regain her full judicial duties, even after the 97-year-old jurist’s federal lawsuit against her colleagues was dismissed”; and
  • an article discussing how the Supreme Court’s opinion in Vidal v. Elster “carries significant implications for both trademark law and the First Amendment.”
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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. Most notably, this week the Supreme Court granted certiorari in a case originally decided by the Merit Systems Protection Board. In other news, a new petition was filed in a pro se case, a party waived its right to respond in a patent case, six new amicus briefs were filed in another patent case, and a pro se petition was denied. Here are the details.

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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 granted cases, last week the Supreme Court issued its opinion in Vidal v. Elster, a trademark case. With respect to petitions, one new petition was filed in a patent case, five new amicus briefs were filed in another patent case, and two pro se petitions were denied. Here are the details.

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Featured / Supreme Court Activity

Breaking News – Supreme Court Upholds the Constitutionality of the Lanham Act’s Names Clause

Today the Supreme Court reversed the Federal Circuit’s holding in Vidal v. Elster, a trademark case. The Federal Circuit had concluded that the Lanham Act’s prohibition on registering marks that consist of or comprise a name identifying a particular living individual without that person’s consent violates the First Amendment. The Supreme Court disagreed. In an opinion authored by Justice Thomas, the Court decided that history and tradition establish that the provision in question does not violate the First Amendment. Here is the introduction and conclusion of majority opinion. Next week we plan to post a full opinion summary.

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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 analyzing “four Federal Circuit decisions reversing or vacating the underlying rulings” in patent cases and “the lessons learned from those decisions”; and
  • a webinar discussing whether the patent eligibility doctrine is “in need of reform.”
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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 granted cases, we are still waiting on the Supreme Court to issue its opinion in one case. With respect to petitions, one new waiver of the right to respond was filed in a pro se case, and the Court denied the petitions in a pro se case and in a veterans case. Here are the details.

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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 granted cases, we are still waiting on the Supreme Court to issue opinion in one case. With respect to petitions, one new petition was filed with the Court in a patent case, one new waiver of the right to respond was filed in a pro se case, three new replies were filed in separate Merit Systems Protection Board cases all presenting the same question for review, and the Court denied two petitions in a pro se case and in a patent case. Here are the details.

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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 respecct to granted cases, we are still waiting on the Supreme Court to issue opinions in one case. With respect to petitions, one new petition was filed with the Court in a patent case, three new waivers of the right to respond were filed in another patent case, and the Court denied a petition in a case raising questions related to design patent law. Here are the details.

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Opinions

Opinions & Orders – May 21, 2024

This morning the Federal Circuit released two precedential opinions, four nonprecedential opinions, and one nonprecedential order. The first precedential opinion comes in an en banc design patent case. In it, the en banc court overruled the long-standing Rosen-Durling test used to assess the nonobviousness of design patents. Notably, Judge Lourie concurred in the judgment, suggesting it was unnecessary to overrule Rosen and Durling. In the second precedential opinion, a panel vacated and remanded a judgment of Central District Court of California in a patent infringement case over a dissent by Judge Mayer. As for the nonprecedential opinions, the first affirms two separate dismissals by the Merit Systems Protection Board in a pro se case, the second affirms a judgment of the Patent Trial and Appeal Board, the third dismisses an appeal in a veterans case for lack of jurisdiction, and the fourth affirms another dismissal by the Merit Systems Protection Board for lack of jurisdiction. The nonprecedential order is a dismissal. Here are the introductions to the opinions and links to the orders.

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