Here is an update on recent en banc activity at the Federal Circuit. In a pending en banc case raising questions related to whether on-the-job exposure to the recent novel coronavirus entitled federal correctional officers to additional pay pursuant to various federal statutes, the court received two amicus briefs in support of the officers. The court also received a new petition in a patent case raising a question related to assignor estoppel. Here are the details.
En Banc Cases
The court received two new amicus briefs in Adams v. United States, a case raising questions related to whether on-the-job exposure to the recent novel coronavirus entitled federal correctional officers to additional pay pursuant to various federal statutes. Both amicus briefs were filed in support of the appellant, Adams.
In the first amicus brief, the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO) argues that “the unambiguous terms of both the hazard and environmental pay statutes apply to corrections officers working during the depth of the pandemic.” The AFL-CIO elaborates that the “plain meaning of the term ‘unusual’ fits into the statutory framework and is consistent with the statute’s purpose,” and Covid-19 was “unusual because it did not exist prior to the introduction of the novel coronavirus in the U.S.”
In the second amicus brief, the National Treasury Employees Union (NFEU) argues that “if this Court affirms the lower court’s incorrect legal rulings,” “it would effectively foreclose hazardous duty pay claims across the board for employees who have exposed themselves to the deadly COVID-19 virus through their official duties.” The NFEU further argues that “the lower court erred in using an unduly narrow construction of what qualifies as an ‘unusual’ hardship” and “in creating a distinction between ‘accidental’ and ‘incidental’ exposure to COVID-19 while in the line of duty.”
Here are the briefs:
- En Banc Brief of The American Federation of Labor and Congress of Industrial Organizations as Amicus Curiae in Support of Plaintiffs-Appellants, and in Support of Reversal of the Decision Below
- Brief for Amicus Curiae National Treasury Employees Union in Support of Plaintiffs-Appellants Urging Reversal
En Banc Petitions
New Petition
In Hologic, Inc. v. Minerva Surgical, Inc., Minerva asked the en banc court to review the following question:
- “For purposes of determining whether assignor estoppel applies, how should a court determine an inventor’s representation of patent scope in a never-issued claim in the original patent application?”