FedCircuitBlog

Earlier this month, the Federal Circuit heard oral argument in City of Fresno v. United States. In this case, the Federal Circuit is reviewing a judgment of the Court of Federal Claims, which ruled on cross-motions for summary judgment related to breach of contract and Fifth Amendment takings claims. The plaintiffs argue on appeal that the trial court erred both in concluding that the contractual water rights in question were subordinate to the rights of others during a drought and by dismissing takings claims for lack of standing. Judges Moore, Clevenger, and Stark heard the argument. This is our argument recap. 

This morning, the Federal Circuit released one nonprecedential opinion. It addresses an appeal from a judgment of the Merit Systems Protection Board. Here is the introduction to the opinion.

This morning, the Federal Circuit released two nonprecedential orders dismissing appeals. Here are the links to the orders.

Earlier this month, the Federal Circuit heard oral argument in Beaudette v. McDonough. In this case, the Federal Circuit is reviewing whether the Court of Appeals for Veterans Claims erred in issuing a writ of mandamus to allow the Board of Veterans’ Appeals to hear appeals of adverse decisions pertaining to the Department of Veterans Affairs’ Program of Comprehensive Assistance for Family Caregivers. Judges Moore, Dyk, and Stoll heard the argument. This is our argument recap.

Here is an update on recent en banc activity at the Federal Circuit. Highlights include a new petition for rehearing in a patent case concerning the presumption of nexus related to secondary considerations of non-obviousness, along with three denials of rehearing in cases raising questions related to Rule 36, anticipation, secondary considerations of non-obviousness, and design patent infringement. Here are the details.

This morning, the Federal Circuit released two nonprecedential orders dismissing appeals. Here are the links to the orders.

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. While no new petitions were filed with the Court, a reply brief was filed in a case addressing the Fair Labor Standards Act. Here are the details.

This morning, the Federal Circuit released one precedential opinion, one nonprecedential opinion, and two nonprecedential orders. The precedential opinion concerns the construction of terms of a patent held not to be infringed. The nonprecedential opinion addresses an appeal of a final written decision of the Patent Trial and Appeal Board, which held certain claims unpatentable as obvious. One of the orders is a dismissal, and the other denies a petition and additional motions. Here are the introductions to the opinions, selected text from the denial of the petition, and a link to the dismissal.

The Federal Circuit released one nonprecedential opinion and one nonprecedential order. The opinion affirms a judgment of the Merit Systems Protection Board. The order dismisses a petition for review. Here is the introduction to the opinion and link to the order.

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. While no new petitions were filed with the Court, a brief in opposition was filed in a veterans case, a reply brief was filed in a trade case regarding separation of powers in imposing tariffs, and an amicus brief was filed in a patent case asking the Court to consider a question regarding patent eligibility. Here are the details.