FedCircuitBlog

Last week the Federal Circuit heard oral argument in four cases that attracted amicus briefs. One of them was a veterans case, Rudisill v. Wilkie. In this case, the Secretary of Veterans Affairs appealed a decision of the Court of Appeals for Veterans Claims, arguing it “misinterpreted the plain language of 38 U.S.C. §§ 3322 and 3327 in holding that the election provisions expressly contained therein [related to educational assistance benefits] do not apply to Mr. Rudisill because he had multiple periods of qualifying service.” This is our argument recap.

Here is an update on recent en banc activity at the Federal Circuit. Telephonic oral argument was scheduled in the veterans case pending before the en banc court. As for petitions in patent cases, highlights include two new petitions raising questions related to transfer of venue and eligible subject matter; a new invitation to respond to a petition raising a question related to venue in the context of Hatch-Waxman; and three amicus briefs filed in support of a petitioner in a pro se case. Here are the details.

This morning, the Federal Circuit issued one nonprecedential opinion dismissing an appeal of a denial of benefits in a veterans case decided by the Court of Appeals for Veterans Claims. Here is the introduction to the opinion.

This morning, the Federal Circuit issued five nonprecedential opinions in three veterans cases and two patent cases. The Federal Circuit also issued two Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.

Last week the Federal Circuit heard oral argument in four cases that attracted amicus briefs. In one of the patent cases, Amgen Inc. v. Sanofi, Aventisub LLC, the court considered the enablement requirement with respect to antibody claims. This is our argument recap.

This morning the Federal Circuit issued a nonprecedential opinion in a design patent case; a nonprecedential opinion in a trademark case; a nonprecedential opinion in an appeal from the Court of Veterans Appeals; a nonprecedential opinion in an appeal from the Merits Systems Protection Board; a nonprecedential order denying a motion to stay a final judgment of the Court of International Trade pending an appeal over a dissent by Judge Taranto; and two Rule 36 judgments. Here are the introductions to the opinions, text from the order; and a list of the Rule 36 judgments.

The Federal Circuit today published a Notice of Court Closure on December 24, 2020 with a link to the court’s order. Both discuss impact on court deadlines. Here is the text of the Notice.

This morning the Federal Circuit issued one nonprecedential opinion affirming the Patent Trial and Appeal Board’s denial of a motion to dismiss, which the Board of Regents of the University of Texas System filed on the ground of sovereign immunity in an inter partes review proceeding. The court also issued six Rule 36 summary affirmances. Here is the text of the opinion and a list of the Rule 36 judgments.

This morning the Federal Circuit issued three non precedential opinions: one affirming a decision by the U.S. Court of Veterans Appeals in favor of Veterans Affairs; one affirming a district court’s order granting a motion for attorneys’ fees in a patent case; and one affirming an arbitrator’s sustaining of a dismissal of a federal employee from her employment. Here are the introductions to the opinions.

This morning the Federal Circuit issued a Notice of Emergency Amendment to Federal Circuit Rule 15(f). The court did so as a result of its en banc decision yesterday in National Organization of Veterans’ Advocates, Inc. v. Secretary of Veterans Affairs, in which the court held “that Federal Circuit Rule 15(f), establishing a 60-day time limit for bringing section 502 petitions, is invalid.” Section 502 petitions relate to any “action of the Secretary to which section 552(a)(1) or 553 of title 5 (or both) refers.” Those provisions of Title 5, for example, refer to rules and rule making. Here is the text of today’s notice, which includes a link to the relevant order signed by Chief Judge Prost today.