Anticipate This!™ | Patent and Trademark Law Blog

Citation of Nonprecedential Dispositions.

Posted in Practice Commentary by Jake Ward on January 4, 2007

The citing of nonprecedential dispositions issued after January 1, 2007 is no longer prohibited.  Federal Circuit Rule 47.6, which prohibited the citation of nonprecedential dispositions has been superseded by new Federal Circuit Rule 32.1.

As opposed to the CAFC’s “precedential” opinions, an opinion or order which is designated as “nonprecedential” is one determined by a court as not adding significantly to the body of law.   Typically, nonprecedential dispositions bear a label designating them as such, whereas nonlabeled dispositions are deemed precedential.

JW Note:  The now notorious KSR v. Teleflex opinion was deemed “nonprecedential.” So much for settled law! 

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