Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With regard to granted cases, there is no new activity to report since our last update. With respect to petitions, two new petitions were filed with the Court in a takings case related to patents and a tax case. Here are the details.
There is no new activity to report.
In Filler v. United States, the petitioner asked the Court to consider the following question:
- “For a Patent infringed by the United States, where Patent rights are divided between two related parties – one having the right to sue and the other having the right to exclude – can the Assignment of Claims Act remove the Vth Amendment right to Just Compensation from the party with the right to exclude?”
In Ampersand Chowchilla BioMass, LLC v. United States, the petitioners asked the Court to consider the following question:
- “Whether an energy facility is ‘placed in service’ within the meaning of federal law whenever it can produce and sell some electricity without regard for the level of operation and compliance with laws, as held by the court below in joining the Fifth Circuit, or only after it can produce and sell electricity as intended on a fairly consistent basis, as held by the Eighth Circuit.”