Panel Activity

Update on Important Panel Activity

Here is this month’s update on activity in cases pending before panels of the Federal Circuit where the cases involve at least one amicus brief. We keep track of these cases in the “Other Cases” section of our blog. Today, with respect to these cases we highlight five dispositions, three cases with new briefing, one recent oral argument, and two upcoming oral arguments.

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Opinions

Opinions & Orders – August 14, 2020

This morning the Federal Circuit issued two precedential opinions in Tucker Act cases and one nonprecedential order denying a writ of mandamus. Here are the introductions to the opinions and text from the order.

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Featured / Federal Circuit Announcement

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

The Federal Circuit and Court of Federal Claims entered a joint order today extending their prior order of June 26, which limited access to the National Courts Building, until September 14. The Federal Circuit also issued a notice with additional information related to the order. Here is text from the court’s notice.

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Opinions

Opinions & Orders – August 13, 2020

This morning the Federal Circuit issued one nonprecedential opinion in a patent case.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

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Opinions

Opinions & Orders – August 12, 2020

This morning the Federal Circuit issued two precedential opinions in a government contracts case and a veterans case. Here are the introductions to the opinions.

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En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. Highlights include a sua sponte grant of an en banc hearing in a veterans case, the filing of the government’s brief in another veterans case in which the court previously granted an en banc hearing, a new petition raising questions related to patent claim construction, the denial of a petition raising questions related to injunctive relief, and the denial of a petition in a pro se case. Here are the details.

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Opinions

Opinions & Orders – August 11, 2020

This morning the Federal Circuit issued one precedential opinion in a Vaccine Act case, one nonprecedential opinion in a patent case, and one nonprecedential erratum. Here are the introductions to the opinions and text from the erratum.

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News

Recent News on the Federal Circuit

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights an article discussing the potential impact of the Federal Circuit’s holding in National Veterans Legal Services Program v. United States on fees for searching and downloading federal case files, more commentary on the confusion generated by the Federal Circuit’s approach to patent eligibility in American Axle & Manufacturing, Inc. v. Neapco Holdings LLC, and news concerning Fitbit’s case decided by the Federal Circuit last Thursday.

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Opinions

Opinions & Orders – August 10, 2020

This morning the Federal Circuit issued one precedential opinion in a government contracts case. Here is the introduction to the opinion.

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Opinions

Opinion Summary – National Veterans Legal Services Program v. United States

Last Wednesday, the Federal Circuit issued its opinion in National Veterans Legal Services Program v. United States, a case we have been tracking because it attracted amicus briefs. In this case, NVLSP argues that that the federal government has been overcharging for electronic access to documents filed in court cases. This case was brought to the Federal Circuit as an interlocutory appeal seeking to clarify the correct interpretation of a federal statute, 28 U.S.C § 1913. In the opinion, the panel (including Judge Lourie, Clevenger, and Hughes) unanimously affirmed a district court’s interpretation of the statute and remanded the case back to the district court for it to resolve the case using the correct interpretation. Here is a summary of the opinion.

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