Opinions

Today’s Opinions – November 5, 2019

This morning the Federal Circuit issued one nonprecedential Rule 36 judgment.

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Opinions

Today’s Opinions – November 4, 2019

Today the Federal Circuit issued one precedential opinion in a patent case and one precedential modified and reissued opinion in case challenging the amount of a grant awarded by the Department of the Treasury. Related to the second opinion, the court also issued two nonprecedential orders granting panel rehearing for the limited purpose of substituting the revised opinion for the previously issued opinion. Here are the introductions to the opinions and orders.

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Opinions

Friday’s Opinions – Late Breaking Orders

Late on Friday the Federal Circuit issued two precedential orders in patent cases and one nonprecedential order in a patent case. These orders represent the immediate fall out from the Federal Circuit’s opinion late on Thursday in Arthrex, Inc. v. Smith & Nephew, Inc. that the Secretary of Commerce‚Äôs appointment of Administrative Patent Judges to the Patent Trial and Appeal Board violates the Appointments Clause of the U.S. Constitution. (You can find this blog’s report on that decision here.) On Friday, the Federal Circuit ruled in two cases that the appellants forfeited this same challenge by not raising it in their opening briefs, but instead only in a post-briefing motion or notice of supplemental authority. In the third case, the court canceled this week’s oral argument, vacated the PTAB’s decision, and remanded the case because the appellant did raise the Appointments Clause challenge in its opening brief. Here is the text of the orders.

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Opinions

Today’s Opinions – November 1, 2019

Today the Federal Circuit issued one nonprecedential opinion in a patent case. Here is the introduction to the opinion.

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Featured / Opinions

Late Breaking Opinion – Secretary of Commerce’s Appointment of PTAB Judges Violates the Constitution

While the Federal Circuit did not issue any opinions this morning, this afternoon (after the time the court typically issues opinions) it issued an important precedential opinion in a patent case, Arthrex, Inc. v. Smith & Nephew, Inc. In this case Arthrex argued that the the Secretary of Commerce’s appointment of Administrative Patent Judges to the Patent Trial and Appeal Board violates the Appointments Clause of the U.S. Constitution. The Federal Circuit agreed. The court, however, also noted the limited nature of its holding and the limited remedy its holding required.

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Opinions

Today’s Opinions – October 31, 2019

The Federal Circuit did not issue any opinions this morning.

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Opinions

Today’s Opinions – October 30, 2019

Today the Federal Circuit issued two precedential opinions in patent cases and one nonprecedential opinion in a patent case. Here are the introductions to the opinions.

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Opinions

Today’s Opinions – October 29, 2019

Today the Federal Circuit issued one precedential opinion in a government contract case, one nonprecedential opinion in a patent case, and one nonprecedential opinion in a government contract case. Here are the introductions to the opinions.

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Opinions

Today’s Opinions – October 28, 2019

The Federal Circuit did not issue any opinions this morning.

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Opinions

Today’s Opinions – October 25, 2019

The Federal Circuit did not issue any opinions this morning.

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