Opinions

Opinions & Orders – December 3, 2021

This morning the Federal Circuit released a nonprecedential opinion reversing and remanding a patent case back to the Court of Federal Claims. Judge Hughes filed an opinion concurring in the judgment. The court also released an order dismissing a petition for a writ of mandamus. Here are the introductions to the opinions and order.

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Opinions

Opinions & Orders – December 2, 2021

The Federal Circuit did not release any opinions or orders this morning on its website.

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Argument Preview

Argument Preview – Military-Veterans Advocacy, Inc. v. Secretary of Veterans Affairs

We are previewing three cases scheduled to be argued next week at the Federal Circuit that attracted amicus briefs. Today we highlight Military-Veterans Advocacy, Inc. v. Secretary of Veterans Affairs. In this case, Military-Veterans Advocacy, Inc. appeals a denial of rulemaking by the Secretary of Veterans Affairs that would have sought to extend the presumption of herbicide exposure to veterans who served on Guam from January 9, 1962, through December 31, 1980; Johnston Island from January 1, 1972 until September 30, 1977; and American Samoa. Two amicus briefs support MVA on appeal. This is our argument preview.

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Federal Circuit Announcement

Federal Circuit Publishes Updated Federal Circuit Rules of Practice

This morning the Federal Circuit published an updated version of its Rules of Practice. Notably, the court indicated amendments effective today to the Federal Rules of Appellate Procedure do not impact the court’s local rules or procedures. Here is the text of today’s announcement along with a link to the new document.

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Opinions

Opinions & Orders – December 1, 2021

This morning the Federal Circuit released two precedential opinions in patent cases involving two of the same companies. In the opinions, the court addresses standing, anticipation, and obviousness. Here are the introductions to the opinions.

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Argument Preview

Argument Preview – Cross v. Office of Personnel Management

This week we are previewing three cases scheduled to be argued next week at the Federal Circuit. Each of these three cases attracted at least one amicus brief. Today we highlight a benefits case, Cross v. Office of Personnel Management. In this case, Cross asks the Federal Circuit to reverse a decision of the Merits Systems Protection Board regarding the denial of survivor benefits. In particular, the petitioner is claiming survivor benefits as a surviving former spouse when her deceased former husband failed affirmatively to re-elect survivor benefits during the few months between their divorce and his death. The appeal attracted an amicus brief filed by the Merit Systems Protection Board. This is our argument preview.

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Opinions

Opinions & Orders – November 30, 2021

This morning the Federal Circuit released opinions in two related patent cases, one a precedential opinion and one a nonprecedential opinion. In the precedential opinion, the court affirmed a judgment of the Northern District of West Virginia that certain claims are invalid for lack of written description. Judge O’Malley dissented. In the nonprecedential opinion, the court affirmed a judgment of the Patent Trial and Appeal Board in an inter partes review addressing the same patent. Here are the introductions to the opinions.

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Argument Preview

Argument Preview – Wolfe v. McDonough

We are previewing three cases scheduled to be argued next week at the Federal Circuit that attracted amicus briefs. Today we highlight a veterans case, Wolfe v. McDonough. In this case, the Secretary asks the Federal Circuit to reverse a decision of the Court of Appeals for Veterans Claims, which “granted a petition for a writ of mandamus filed by Ms. Wolfe on behalf of a class of claimants to invalidate 38 C.F.R. § 17.1005(a)(5) and require [the Department of Veterans Affairs] to readjudicate and grant claims for reimbursement of coinsurance and deductibles.” The government’s appeal attracted three amicus briefs, all arguing against the government’s position. This is our argument preview.

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Opinions

Opinions & Orders – November 29, 2021

The Federal Circuit did not release any opinions or orders this morning on its website.

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En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received two new petitions raising questions related to patent eligibility and the Appointments Clause. The court also invited a response to a petition that raised questions related to the notice required to collect damages for infringement. Finally, the court denied a petition raising questions related to the assignment of patents. Here are the details.

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