FedCircuitBlog

Late last month the Federal Circuit issued its opinion in Bruyea v. United States, a tax case we have been following because it attracted an amicus brief. In this case, the government appealed a judgment of the Court of Federal Claims based on its view that bilateral tax treaties relieve U.S. taxpayers from double taxation with respect to net investment income tax. In an opinion authored by Judge Stark and joined by Judges Chen and Hughes, the panel reversed the judgment. This is our summary of the court’s opinion.

Late Friday afternoon, the Federal Circuit released a nonprecedential opinion concerning a pro se appeal from the Court of Federal Claims and four nonprecedential orders dismissing three appeals and a petition. This morning, the Federal Circuit released one nonprecedential opinion and three nonprecedential orders. Today’s opinion comes in a patent case appealed from the Northern District of Illinois. As for today’s orders, one grants a motion to remand a case while the others are dismissals. Here are the introductions to the opinions as well as links to the orders.

Earlier this month, the Federal Circuit heard oral argument in Netlist, Inc. v. Micron Technology, Inc., a case formerly styled Netlist, Inc. v. Samsung Electronics Co. This is a patent case we have been following because it attracted an amicus brief. In this case, Netlist appeals a judgment of the Patent Trial and Appeal Board in an inter partes review, which resulted in the invalidation of a claim of a Netlist patent. Judges Dyk, Linn, and Chen heard the oral argument. This is our argument recap.

Late yesterday, the Federal Circuit released a nonprecedential order dismissing an appeal. This morning, the court released one precedential opinion, one nonprecedential opinion, and three nonprecedential orders. The precedential opinion comes in an antidumping case appealed from the Court of International Trade. The nonprecedential opinion comes in a case appealed from the Court of Federal Claims concerning breach of contract and employment claims. As for the orders, one transfers a case to the Southern District of Ohio, and the other two dismiss an appeal and a petition. Here are the introductions to the opinions and the transfer order as well as links to the dismissals.

This morning, the Federal Circuit released four nonprecedential opinions, two nonprecedential orders, and one errata. Two of the opinions come in cases involving appeals from the Merit Systems Protection Board, and two come in patent cases, one appealed from the Southern District of New York and one from the Patent Trial and Appeal Board. The two orders deny petitions for writs of mandamus, one to the Court of Appeals for Veterans Claims and the other to the Court of International Trade. Here are the introductions to the opinions and orders as well as a link to the errata.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. There are currently no cases pending before the Supreme Court that were previously decided by the Federal Circuit. As for pending petitions, since our last update, three new petitions were filed in two patent cases and a pro se case, and two briefs in opposition were filed in a government contract case and a patent case. Here are the details.

This morning, the Federal Circuit released one precedential opinion, four nonprecedential opinions, one dismissal, and four Rule 36 summary affirmances. The precedential opinion comes in a government contract case appealed from the Court of Federal Claims. As for the nonprecedential opinions, two come in veterans cases appealed from the Court of Appeals for Veterans Claims, one comes in a case appealed from the Merit Systems Protection Board, and one comes in a case appealed from the Court of Federal Claims, which dismissed a complaint for lack of jurisdiction. Here are the introductions to the opinions along with links to the orders.

Here is an update on recent en banc activity at the Federal Circuit. Since our last update, one new petition for rehearing en banc was filed in a patent case raising questions related to venue and appellate procedure. That’s it. Here are the details.

This morning, the Federal Circuit released four nonprecedential opinions and four Rule 36 summary affirmances. Two of the opinions come in veterans cases appealed from the Court of Appeals for Veterans Claims, one comes in a case appealing a final decision of the Merit Systems Protection Board, and one comes in a case appealed from the Court of Federal Claims, which dismissed a complaint for lack of jurisdiction. Here are the introductions to the opinions along with links to the summary affirmances.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today we highlight:

• an article how an inventor “is asking the Supreme Court to take up his case, not to overturn Alice, but to clarify how courts should apply it”;
• an article noting how “Former Treasury Secretary Janet Yellen was among a group of nearly 50 economists” telling the Federal Circuit “that President Donald Trump improperly used a ‘balance-of-payments’ provision to justify a round of global tariffs earlier this year”;
• an article reporting the Merit Systems Protection Board “has finalized rules ending standards it has used since the early 1980s to weigh the appropriateness of a penalty—often firing—in appeals by federal employees of disciplinary actions for alleged misconduct”; and
• an article describing how “[c]ourts are testing the boundaries of” Loper Bright Enterprises v. Raimondo “on federal regulatory authority,” saying it “left open a path for judges to defer to executive branch agencies in certain circumstances.”