Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to the Supreme Court’s October 2021 term, the Court granted certiorari in a patent case, but notably it did so only to vacate the Federal Circuit’s judgment and remand the case for further consideration of an alleged Appointments Clause violation. Other than that, since our last post one reply in support of a petition has been filed in a veterans case and a waiver of right to respond has been filed in a patent case. Additionally, the Court denied two petitions in cases involving takings claims. Here are the details.
In Infineum USA L.P. v. Chevron Oronite Company LLC, the Supreme Court granted the petition, vacated the judgment, and remanded the case back to the Federal Circuit. The petition presented a question related to the constitutionality of the appointment of administrative patent judges under the Appointments Clause. The Court remanded the case for further consideration in light of the Court’s recent ruling in United States v. Arthrex, Inc.
There were no new petitions filed since our last update.
James Kisor filed his reply brief, urging the Court to grant review in his case, Kisor v. McDonough, which involves a challenge to a denial of veterans’ benefits. According to the petition, this case “presents an opportunity for the Court to clarify the correct interpretive role of the veteran’s canon,” which holds that interpretations of provisions should be construed in favor of the veteran. Kisor argued that the Federal Circuit committed erroneous textual analysis in reaching its conclusion, and Kisor asserted that the “government’s brief in opposition commits the same central error.”