FedCircuitBlog

Next week, in an en banc session of the court, the Federal Circuit will hear arguments in Arellano v. Wilkie. In this veterans case, the court will consider the availability of equitable tolling in the context of disability benefits based on applications filed within one year from the date of the veteran’s discharge or release. In particular, the court will consider three related questions: (1) whether a presumption in favor of equitable tolling applies to 38 U.S.C. § 5110(b)(1), which relates to disability benefits; (2) if a presumption did apply, whether it would be rebutted by evidence that Congress did not intend an implicit exception for equitable tolling to be read into 38 U.S.C. § 5110; and (3) if the court were to hold that a presumption applies to section 5110(b)(1), whether that holding would result in the application of the same presumption to other provisions of 38 U.S.C. § 5110. This is our argument preview.

This morning, the Federal Circuit issued a nonprecedential opinion in a veterans case where the court concluded it lacked jurisdiction. Here is the introduction to the opinion.

This morning, the Federal Circuit issued three nonprecedential opinions: two in patent cases and one in an appeal from the Merit Systems Protection Board. Additionally, the court issued an order transferring a petition for a writ of mandamus to the Eleventh Circuit. Finally, the court issued one Rule 36 judgment. Here are the introductions of the opinions, text from the order, and a link to the Rule 36 judgment.

This morning the Federal Circuit announced that the Clerk’s Office will be inaccessible today for purposes of receiving paper filings, mail and courier deliveries, and night box submissions. The court noted that nonelectronic filings and submissions due today will be deemed as timely filed if received tomorrow. Here is the text of today’s announcement.

The Federal Circuit did not publish any opinions or orders this morning on its website. As previously announced, the court is closed today in observance of Inauguration Day.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include a new petition raising a question related to sovereign immunity and inter partes review; new invitations to respond to petitions raising questions related to inter partes review as well as the use of Rule 36 judgments in cases appealed from the U.S. Patent and Trademark Office; and the denial of a petition raising questions related to eligible subject matter. Here are the details.

This morning the Federal Circuit issued one precedential opinion in a case involving an appeal from the Merit Systems Protection Board. Additionally, the Federal Circuit issued four nonprecedential opinions in patent cases, with three of these cases involving the same parties. Here are the introductions to the opinions.

The Federal Circuit did not publish any opinions or orders on its website this morning. The court is closed today in observance of the Birthday of Martin Luther King, Jr., a federal holiday.

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 two dispositions, one new patent case, and new briefing in another patent case. Here are the details.

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.