Articles Tagged: Court Opinions
The Third Circuit’s October 5, 2026 filing in Opinion, No. 25-3170, is now available, but before drawing substantive conclusions, practitioners should confirm the slip opinion’s text and holding directly from the docket.
The Eleventh Circuit’s opinion in docket 25-14467 is a reminder that even where the underlying dispute may be case-specific, the appellate court’s framing of the issues can carry broader consequences for litigants and counsel. For practitioners following federal appeals in the circuit, the decision is worth reviewing closely for how the panel approached the questions presented, the standard of review, and the limits of the arguments preserved below.
At a high level, the court addressed the challenged ruling by working methodically through the record, the governing precedent, and the procedural posture of the case.
The Patent Trial and Appeal Board’s October 1, 2026 order in IPR2025-01250 grants the Patent Owner’s motions to seal, reinforcing a familiar but important PTAB principle: while Board proceedings are presumptively public, targeted protection remains available for genuinely confidential business information.
Although this order is procedural rather than merits-based, it matters because sealing disputes often shape how parties present technical and commercial evidence in inter partes review.
The Patent Trial and Appeal Board’s October 1, 2026 order in IPR2025-01254 is a useful reminder that while PTAB proceedings are presumptively public, the Board will protect genuinely confidential business information when the movant makes a sufficient showing. In this order, the Board granted the Patent Owner’s motions to seal, allowing certain materials to remain non-public under the applicable protective framework.
Although the order appears procedural rather than merits-driven, it matters because sealing disputes frequently shape how parties present technical and commercial evidence in inter partes review.
The Tenth Circuit’s September 29, 2026 opinion in 25-3171 is a useful reminder that appellate outcomes often turn as much on procedure and standards of review as on the underlying merits. Although the caption provided in the docket materials is spare, the court’s decision appears to focus on how the record, preservation of issues, and the governing standard of review constrain what the court of appeals can do once a case reaches it.
At a high level, the court affirmed the importance of disciplined issue preservation and careful framing on appeal.
The Fourth Circuit’s September 29, 2026 disposition in docket no. 25-4182 is expressly labeled a nonprecedential opinion, which is itself the most important takeaway for lawyers evaluating its broader impact. While the court resolved the appeal before it, the designation means the decision does not bind future Fourth Circuit panels in the same way a published opinion would. For practitioners, that distinction matters both for citation strategy and for assessing whether the ruling marks a doctrinal shift.
Because the opinion is nonprecedential, its practical effect is generally confined to the litigants and the particular record presented on appeal.
The Federal Circuit entered an order dismissing the appeal arising from IPR2024-01403, a procedural outcome that may look modest on its face but still carries practical significance for patent litigators tracking PTAB matters and appellate deadlines. The docket entry indicates a Federal Circuit order dismissing the appeal, rather than a merits decision addressing patentability, claim construction, or institution-related issues.
Because this appears to be an order of dismissal rather than a precedential opinion, the key takeaway is procedural: the appellate process ended without a substantive ruling from the Federal Circuit on the underlying PTAB dispute.
The Sixth Circuit’s September 24, 2026 disposition in Nonprecedential Opinion, No. 25-1767, is, as the caption suggests, a nonprecedential ruling. That means it does not establish binding circuit law. Even so, these unpublished opinions often provide useful insight into how the court is applying familiar procedural and substantive standards in day-to-day appellate practice.
Because the disposition is expressly nonprecedential, the immediate takeaway for practitioners is not that the Sixth Circuit changed the law, but that it reinforced existing doctrine in a way that may influence how similar cases are framed on appeal.
The Eleventh Circuit’s September 22, 2026 opinion in 25-11164 is a reminder that even when a ruling appears routine on its face, appellate courts can use the occasion to sharpen procedural and substantive standards that matter in day-to-day litigation.
The Patent Trial and Appeal Board’s September 15, 2026 order in PGR2025-00067 is a procedural ruling rather than a merits decision, but it still offers useful guidance for practitioners navigating post-grant review. Orders on the conduct of proceedings often shape the practical course of a case—setting expectations on scheduling, briefing, evidentiary disputes, and the parties’ obligations to streamline issues for the Board.
Although this filing is styled simply as an “Order Conduct of the Proceeding,” that label should not mislead litigators into treating it as routine housekeeping.
The Patent Trial and Appeal Board’s September 10, 2026 order in IPR2025-01593 is not a merits ruling, but it is still worth practitioners’ attention. The Board entered a modified scheduling order, adjusting the case calendar that will govern the parties’ deadlines through the remainder of the inter partes review. While these orders can look routine, they often reveal how the PTAB is balancing efficiency, fairness, and the practical demands of contested patent proceedings.
At bottom, the Board decided that the existing schedule should be changed.
The Patent Trial and Appeal Board’s September 9, 2026 scheduling order in PGR2026-00033 does not resolve the merits of the post-grant review, but it is still an important procedural ruling for parties practicing before the Board. As is often the case in AIA trials, the order establishes the framework that will control the pace of the case, the parties’ briefing obligations, and the practical management of the dispute going forward.
At a high level, the Board issued a standard scheduling order setting deadlines for the major stages of the proceeding, including patent owner responses, petitioner replies, motions practice, and oral hearing-related events.
The Patent Trial and Appeal Board’s latest entry in IPR2026-00273 is a scheduling order, not a merits decision—but practitioners should not dismiss it as routine. In PTAB practice, the scheduling order is often the document that quietly defines the real shape of the case: deadlines, sequencing, and the procedural framework that will govern how the parties present their evidence and arguments.
Here, the Board issued an order setting the schedule for the proceeding.
The Third Circuit’s September 3, 2026 opinion in No. 25-1233 is now on the radar for appellate watchers, though practitioners should note an important limitation at the outset: based on the case materials currently reflected in the docket entry, the publicly available information does not yet provide enough detail to assess the underlying claims, the panel’s holding, or whether the decision breaks new doctrinal ground.
That said, the opinion is still worth tracking closely.
The Fourth Circuit’s September 1, 2026 disposition in Nonprecedential Opinion, No. 26-4129, is designated nonprecedential, which immediately matters for how lawyers should read and use it. Even without binding effect, unpublished appellate opinions can offer a useful window into how a panel is applying familiar standards of review, handling procedural defects, and evaluating the arguments that do—or do not—gain traction on appeal.
Because the decision is expressly nonprecedential, it does not alter existing Fourth Circuit law in the formal sense.

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