Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, there is no new activity to report since our last update. With respect to petitions, one new petition was filed in a patent case; a party waived its right to respond in another patent case; the government waived its right to respond in a pro se case; and the Court denied nine petitions. Here are the details.
There is no new activity to report.
One new petition was filed with the Court in Arthrex, Inc. v. Smith & Nephew, Inc., a patent case. The petitioner presented the following question for review:
- “The Federal Vacancies Reform Act of 1998 (“FVRA”) establishes ‘the exclusive means for temporarily authorizing an acting official to perform the functions and duties’ of a vacant presidentially appointed, Senate-confirmed office . . . . The question presented is: Whether the Commissioner for Patents’ exercise of the Director’s authority pursuant to an internal agency delegation violated the Federal Vacancies Reform Act.”
Waivers of Right to Respond
The Supreme Court denied certiorari in nine cases.
- Barrett v. United States (takings)
- Cacciapalle v. United States (takings)
- Fairholme Funds, Inc. v. United States (takings)
- Flores-Vazquez v. McDonough (pro se)
- Fraternal Order of Police v. Department of the Interior (MSPB)
- Holmes-Smith v. Merit Systems Protection Board (pro se)
- Jones v. United States (veterans)
- London v. McDonough (pro se)
- Owl Creek Asia I, L.P. v. United States (takings)