Opinions

Opinions & Orders – November 1, 2022

This morning the Federal Circuit released a precedential opinion in a patent case appealed from the Southern District of California. In its opinion, the Federal Circuit reversed a district court’s claim construction, vacated its grant of summary judgment, and remanded the case. The Federal Circuit also released five nonprecedential orders late yesterday and this morning. Three grant motions to voluntarily dismiss appeals, and two dismiss appeals for failure to prosecute. Here is the introduction to the opinion and links to the dismissals.

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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, the Supreme Court heard arguments this week in George v. McDonough, a case addressing veterans law. While no new petitions have been filed, the Court invited the Solicitor General to file a brief expressing the views of the United States in a case concerning patent law’s enablement requirement. Additionally, two waivers of right to respond and a reply brief were filed in other patent cases. Moreover, two amicus briefs were submitted this past week: one in a patent case raising questions related to enhanced damages and one in a veterans case involving the Equal Access to Justice Act. Finally, the Court denied certiorari in two cases brought by pro se petitioners. 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, since our last update there is no new activity to report. With respect to petitions, three new petitions have been filed: one in an Equal Access to Justice Act case and two in patent cases raising questions related to eligibility and enhanced damages; members of Congress filed an amicus brief in an employment law case that involves interpretation of the Reservists Pay Security Act; the government submitted a brief in opposition in a case concerning the Tucker Act and another brief in opposition was filed in a patent case addressing the non-obviousness requirement; the government waived its right to respond in a pro se case; and the Court denied review in four cases. 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, the petitioner submitted his opening merits brief in George v. McDonough, a case which raises a question related to clear and unmistakable error in the context of a denial of a veteran’s claim for benefits. With respect to petitions, three new petitions have been filed: one raising a question in a takings case and two filed by pro se petitioners. The government filed a brief in opposition in a case concerning a government contract. The government also filed waivers of right to respond in a case appealed from the Merit Systems Protection Board as well as in a case submitted by a pro se petitioner. Finally, the Court denied certiorari in a patent case as well as in two cases filed by pro se petitioners. Here are the details.

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Opinions

Opinions & Orders – November 24, 2021

This morning the Federal Circuit released one precedential opinion and two nonprecedential opinions. The precedential opinion comes in a patent case appealed from the Patent Trial and Appeal Board, and in it the court affirms the PTAB’s decision over a partial dissent by Judge Linn. The nonprecedential opinions come in a trademark case appealed from the Trademark Trial and Appeal Board and a veterans case appealed from the Court of Appeals for Veterans Claims. Here are the introductions to the opinions.

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Opinions

Opinions & Orders – November 5, 2020

This morning, the Federal Circuit issued one precedential opinion in a patent case and one nonprecedential opinion in a trademark case. The Federal Circuit also issued one Rule 36 judgment. Here are the introductions to the opinions and a link to the Rule 36 judgment.

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Opinions

Today’s Opinions – June 4, 2020

This morning the Federal Circuit issued one precedential order in a patent case denying a request to award attorneys fees after the appellant moved to voluntarily dismiss the appeal, two nonprecedential opinions in patent cases, and three nonprecedential opinions in veterans cases. Here are the introductions to the order and the opinions.

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