FedCircuitBlog

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, there is no new activity to report since our last update. With respect to petitions, two new petitions were filed with the Court. One came in a patent case addressing both joinder in inter partes review proceedings and the Federal Vacancies Reform Act. The other came in a case addressing the Fair Labor Standards Act. Additionally, three waivers of right to respond were filed in the same patent case, and a brief in opposition was filed in another patent case addressing joint inventorship. Finally, the Court denied nine petitions in three patent cases, a trade case, and five pro se cases. Here are the details.

This morning, the Federal Circuit released two nonprecedential opinions and three nonprecedential orders. One opinion dismisses an appeal for lack of jurisdiction. Another opinion affirms a decision of the Merit Systems Protection Board to sustain the removal of a former employee of the Army. Two of the orders transfer cases to district courts and the third transfers a case to the Court of Appeals for the Eleventh Circuit. Here are the introductions to the opinions and text from the orders.

Last week, the Federal Circuit heard oral argument in W.J. v. Department of Health and Human Services. In this case, the Federal Circuit is reviewing a judgment of the Court of Federal Claims upholding a special master’s decision to grant a motion to dismiss a petition for compensation under the National Vaccine Injury Compensation Program. Notably, in this pro se case, the Federal Circuit appointed amicus curiae to file a brief and argue on behalf of the appellant. The panel hearing the argument included Judges Lourie, Dyk, and Stark. This is our argument recap.

This morning, the Federal Circuit released six nonprecedential orders. Three grant summary affirmance in cases appealed from the Merit Systems Protection Board and three dismissal appeals. Here are the introductions to the summary affirmances and links to the dismissals.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

• an article discussing “what the patent eligibility restoration act means for artificial intelligence inventions”;
• an article highlighting the upcoming oral argument in “a highly anticipated appeal that is expected to center on how courts come up with damages” in a case involving a “whopping $2.175 billion verdict”;
• an article discussing a “debate over aging Judges’ lifetime tenure,” a debate that has come into focus in light of “the recent sanction and suspension of Pauline Newman, the nation’s oldest active federal judge”; and
• an article summarizing how “Greece’s air force urged the Federal Circuit to revive its $23 million breach of contract lawsuit against the U.S. government over an arms deal for military surveillance equipment.”

This morning, the Federal Circuit released one precedential opinion and one nonprecedential order. The opinion addresses a suit against the government in which a lumber company sought compensation for an alleged taking arising from operation of the so-called Trails Act. The order dismisses an appeal from the Court of Federal Claims. Late Friday, the Federal Circuit also released another nonprecedential order dismissing an appeal from a Texas district court. Here is the introduction to the opinion and links to the dismissals.

This week is Court Week at the Federal Circuit, and here’s what you need to know. The court will convene ten panels to consider 55 cases. Of the 55 cases, the court will hear oral arguments in 40. The Federal Circuit is providing access to live audio of these arguments via its YouTube channel. Of note, none of this week’s cases attracted any amicus briefs. Also of note, the court will hold several sessions in Atlanta, Georgia at various universities as well as the local federal district court’s courthouse. Here is a list of this week’s cases and locations.

This morning, the Federal Circuit released a nonprecedential order. The order denies a petition for a writ of mandamus seeking to direct a district court to either dismiss a case for improper venue or transfer to another court. Here is the introduction to the order.

This morning, the Federal Circuit released a nonprecedential opinion addressing an appeal from a judgment of the Patent Trial and Appeal Board holding claims unpatentable as obvious. Late yesterday, the Federal Circuit also released an order granting an unopposed motion to remand a case to the Court of Appeals for Veterans Claims. Here are the introductions to the opinion and order.

This morning, the Federal Circuit released an announcement that the Court will remain “open for business” and all filing deadlines will remain in effect in the event of a lapse in federal appropriations on Sunday, October 1. Here is the full text of and a link to this morning’s announcement.