Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. There are currently no cases pending before the Supreme Court that were previously decided by the Federal Circuit. As for pending petitions, since our last update, three new petitions were filed in a case addressing federal employment law and two pro se cases; waivers of the right to respond to petitions were filed in two other pro se cases; and three amicus briefs were filed in a patent case. Here are the details.
New Petitions
Since our last update, three new petitions have been filed in cases decided by the Federal Circuit:
Lesko v. United States
In this case, Lesko filed a petition asking the Court to review the following question:
- “Under this Court’s decision in Loper Bright, does the general rulemaking provision in 5 U.S.C. § 5548(a) delegate authority to OPM to authoritatively interpret FEPA, such that courts must adopt OPM’s definitions?”
Martin v. Department of Veterans Affairs
In this pro se case, Martin filed a petition asking the Court to review three questions.
Golden v. United States
In this pro se case, Golden filed a petition asking the Court to review one question.
Waivers of the Right to Respond
Since our last update, two waivers of the right to respond to petitions were filed in the following cases:
- Gaylord v. United States (pro se)
- Soto v. United States Postal Service (pro se)
Amicus Briefs
Since our last update, three amicus briefs were filed in Tesla, Inc. v. Granite Vehicle Ventures LLC, a patent case.
As a reminder, the question presented in this case is “[w]hether courts have power to review a PTO decision denying inter partes review on grounds that are contrary to statute, like an extra-statutory restriction based on time to trial in separate litigation.”
The three amicus briefs all support review and were filed by: