Federal Circuit Announcement

Federal Circuit Announces Continued Extension of Access Restrictions for the National Courts Building

Today the Federal Circuit announced that access to the National Courts Building Complex will continue to be limited to court staff through February 28. The court did, however, also indicate that requests for building access may be submitted and will be considered on a case-by-case basis. Here is the text of today’s announcement, which includes a link to the relevant court order.

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Opinions

Opinions & Orders – January 15, 2021

This morning, the Federal Circuit issued two nonprecedential opinions in veterans cases. The court also issued a Rule 36 judgment. Here are the introductions to the opinions and a link to the Rule 36 judgment.

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Federal Circuit Announcement

Federal Circuit Announces Update to Its Guide for Oral Argument and Designation of Court Access Coordinators

Late this afternoon the Federal Circuit announced that it has updated its Guide for Oral Argument. These updates include the designation of “Access Coordinators” to facilitate the ability of those who have communication difficulties to participate in the court’s proceedings. Here is the text of today’s announcement.

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Opinions

Opinions & Orders – January 14, 2021

This morning, the Federal Circuit issued one nonprecedential opinion in a vaccine case. Here is the introduction to the opinion.

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Featured / Federal Circuit Announcement

Breaking News – Federal Circuit Adopts New Procedures for Handling Highly Sensitive Documents Given “Recent Disclosures of Widespread” Private and Public Computer Breaches

This afternoon the Federal Circuit announced that it has adopted new procedures for the handling of what it is calling “highly sensitive documents.” The court indicated it is doing so given “recent disclosures of widespread breaches of both private sector and government computer systems.” Notably, the court indicated it will treat these documents “outside of the court’s electronic case filing system.” Moreover, it will adjust not only how it will handle documents filed in the future, but also how it will handle highly sensitive documents that already have been electronically filed both in pending and even closed cases. Here is the text of today’s announcement, which includes links to the related order and modified Electronic Filing Procedures, along with a summary.

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Opinions

Opinions & Orders – January 13, 2021

This morning, the Federal Circuit issued five nonprecedential opinions: two in patent cases, one in a veterans case, one in a government contract case, and one in a trademark case. Here are the introductions to the opinions.

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Featured / Federal Circuit Announcement

Federal Circuit Announces Modified Procedures for Nonelectronic Filing and Submissions for January 13 through January 20

Today the Federal Circuit announced modified procedures for nonelectronic filing and submissions for the time period of January 13 through January 20. This time period coincides with preparations for Inaugural Day on January 20. Here is the text of today’s announcement.

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En Banc Activity

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. The court scheduled oral argument in a en banc veterans case. We will post an argument preview prior to the oral argument. Highlights in pending en banc petitions in patent cases include a new petition raising questions related to enablement and claim construction; a petition and an invitation for response in a case raising a question related to injunctive relief; a response to a petition raising a question related to venue in the context of Hatch-Waxman; and denials of four petitions raising questions related to intervention in inter partes review, claim construction, and due process. Here are the details.

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Opinions / Panel Activity

Opinion Summary – Veterans4You, Inc. v. United States

Yesterday, the Federal Circuit decided Veterans4You, Inc. v. United States, a veterans case we have been following because it attracted an amicus brief. Judge Clevenger authored a unanimous panel opinion reversing the Court of Federal Claim’s conclusion that the “printing mandate” of 44 U.S.C. § 501 applied to a solicitation at issue in the case and obligated Veterans Affairs to route the solicitation through Government Publishing Office. The Federal Circuit agreed with Veterans4You’s argument that, instead, § 501 applies only to the production of written or graphic published materials. According to the Federal Circuit, because the solicited goods at issue in this case did not fall within this category of materials, they do not fall within the printing mandate. This is our opinion summary.

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Federal Circuit Announcement

Federal Circuit Announces Court Operating Status for the Week of January 18, 2021

Today the Federal Circuit announced that it will be closed on Monday and Wednesday of next week given the observance of Martin Luther King Jr.’s Birthday and Inauguration Day, respectively. Here is the text of the court’s announcement with a link to the court’s order on point.

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