This morning the Federal Circuit released two precedential opinions. The first opinion comes in a takings case appealed from the Court of Federal Claims. In its opinion, the Federal Circuit affirms the Court of Federal Claims’s determination on liability, vacates its judgment as to compensation and interest, and remands the case. The second opinion comes in a patent case appealed from the Northern District of California. In its opinion, the Federal Circuit reverses the district court’s grant of a motion to dismiss for lack of eligibility and remands the case. Here are the introductions to the opinions.

Memmer v. United States (Precedential)

Jeffrey Memmer and the eleven other plaintiffs-appellants in this case (collectively, “Appellants” or “landowners”) own property in the state of Indiana. In February of 2014, they brought suit in the United States Court of Federal Claims, seeking compensation for an alleged taking arising from the operation of § 8(d) of the National Trails System Act Amendments of 1983 (“Trails Act”), 16 U.S.C. § 1247(d). Appellants claimed that actions taken by the government on April 8, 2011, had permanently taken their property. According to Appellants, the taking arose out of the abandonment by Indiana Southwestern Railway Company (“Indiana Southwestern”) of railway easements in Indiana in which Appellants had reversionary interests. Following a trial, the Court of Federal Claims found that the United States had taken Appellants’ property. The court determined, however, that the taking lasted only from May 23, 2011, to January 7, 2014. Memmer v. United States, 150 Fed. Cl. 706, 761 (Nov. 2, 2020) (“Memmer I”). Following the court’s decision, and after the parties stipulated to compensation and interest, the court entered judgment in favor of Appellants. Judgment, Memmer v. United States, No. 1:14-cv-00135-MMS (Fed. Cl. June 7, 2021), ECF No. 198, J.A. 77.

Appellants have appealed the ruling of the Court of Federal Claims that the taking by the United States lasted only from May 23, 2011, to January 7, 2014. For its part, the government has cross-appealed. It contends that the Court of Federal Claims erred in holding that Appellants’ property was taken. In the alternative, the government argues that, if there was a taking, it lasted only from May 23, 2011, to November 8, 2013.

For the reasons set forth below, we agree with the Court of Federal Claims that Appellants’ property was temporarily taken under the Trails Act. We agree with the government, however, that the taking lasted only from May 23, 2011, to November 8, 2013. Accordingly, we affirm-in-part and vacate-in-part. The case is remanded to the Court of Federal Claims for a determination as to the compensation and interest to which Appellants are entitled as a result of the taking of their property having ended on November 8, 2013, rather than on January 7, 2014.

Cooperative Entertainment, Inc. v. Kollective Technology, Inc. (Precedential)

Cooperative Entertainment, Inc. (Cooperative) appeals the United States District Court for the Northern District of California’s dismissal of its amended complaint under Rule 12(b)(6), which held all claims of U.S. Patent No. 9,432,452 ineligible under 35 U.S.C. § 101. We reverse the district court’s dismissal and remand for further proceedings.