Late yesterday, the Federal Circuit released a nonpreceential order dismissing an appeal in a patent case. This morning, the Federal Circuit released one precedential opinion affirming a decision of the Merit Systems Protection Board and one nonprecedential opinion vacating and remanding a decision of the Trademark trial and Appeal Board. The Federal Circuit also released three nonprecedential orders. One transfers a case, and one dismisses an appeal. Notably, in the third order, the Federal Circuit adopted a briefing schedule and set oral argument for July 31 in the case challenging President Trump’s tariffs. Here are the introductions to the opinions and the order in the tariff case and links to the transfer and dismissals.
Stuart v. Office of Personnel Management (Precedential)
Navy veteran Anthony Stuart appeals from a decision of the Merit Systems Protection Board holding that Mr. Stuart is not entitled to credit for his periods of military service in computing his civilian retirement annuity. The Board held that Mr. Stuart’s military service could not be counted in computing his civilian pension because he was already receiving military retired pay based on a disability incurred during his military service. We affirm.
Chateau Lynch-Bages v. Chateau Angelus S.A. (Nonprecedential)
Appellant Chateau Lynch-Bages (“Opposer”) appeals from a Trademark Trial and Appeal Board (“Board”) decision partially dismissing its opposition to a trademark application filed by Appellee Chateau Angelus S.A. (“Applicant”). The Board determined that there was no likelihood of confusion between Applicant’s mark, “ECHO D’ANGÉLUS,” and Opposer’s mark, “ECHO DE LYNCH BAGES.” For the reasons below, we vacate the Board’s ruling and remand for further proceedings consistent with this opinion.
V.O.S. Selections, Inc. v. Trump (Nonprecedential Order)
We are adopting the parties’ jointly proposed briefing schedule. Here are the due dates, which reflect the date the court must receive the material:
- Opening Brief:
- June 24, 2025 (electronic)
- June 26, 2025 (paper)
- Response Briefs:
- July 8, 2025 (electronic)
- July 10, 2025 (paper)
- Reply Brief:
- July 18, 2025 (electronic)
- July 21, 2025 (paper)
The V.O.S. and Oregon appellees may file separate response briefs. The parties’ briefs must comply with Fed. Cir. R. 32(b)(1); see Microsoft Corp. v. DataTern, Inc., 755 F.3d 899, 910 (Fed. Cir. 2014) (“It would be fundamentally unfair to allow a party to use incorporation to exceed word count.”). Any briefs of amicus curiae may be filed without consent and leave of the court.
All amicus briefs must be filed on the same day as the principal brief of the party the amicus brief supports (tracking the same electronic and paper dates). Amicus briefs must comply with Fed. Cir. R. 29(b).
To the extent possible, the parties should agree on pagination for the appendix before briefing and each electronic filing should be accompanied by an electronic version of the cited appendix material. An electronic and paper version of the full appendix must be received by the court no later than July 23, 2025.
Oral argument will be held on July 31 at 10:00 a.m. in Courtroom 201. Each side will receive 45 minutes (including rebuttal). Counsel for the multiple parties on each side should confer and agree on the apportionment of argument time.