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. While no new petitions were filed with the Court, waivers of right to respond were filed in two pro se cases; a brief in opposition was filed in a patent case; reply briefs in support of petitions were filed in a patent case and in two veterans cases; amicus briefs were filed in two patent cases; and the Court denied certiorari in three patent cases. Here are the details.

As we mentioned yesterday, four cases being argued in June at the Federal Circuit attracted amicus briefs. One of those cases is Teradata Corp. v. SAP SE. In this case, the Federal Circuit will review a district court’s grant of summary judgment dismissing tying and trade secret claims. This is our argument preview.

This morning, the Federal Circuit released a precedential opinion in a case appealed from the Court of Federal Claims addressing the Clean Water Act. Here is the introduction to the opinion.

Yesterday, the Federal Circuit announced that it intends to sit in the Atlanta area as part of its October 2023 session. Here is the full text of the announcement.

This morning, the Federal Circuit released a precedential opinion in a case appealed from the Court of Federal Claims addressing entitlement to military disability retirement pay. The court also released a nonprecedential opinion in a pro se case appealed from Merit Systems Protection Board. Here are the introductions to the opinions.

Four cases being argued in June at the Federal Circuit attracted amicus briefs. One of those cases is DiMasi v. Secretary of Health and Human Services, a pro se vaccine case. In it, the Federal Circuit will review a determination by the Court of Federal Claims that a “Special Master’s denial of relief from judgment was not an abuse of discretion.” Notably, after the pro se petitioner filed informal briefs, the court issued an order appointing two attorneys to serve jointly as amicus curiae in support of the pro se petitioner’s appeal. Moreover, despite the fact that the petitioner is representing herself, the Federal Circuit has set the case for an oral argument. This is our argument preview.

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

• a blog post discussing the Solicitor General’s amicus brief urging the Supreme Court to deny certiorari in a case concerning inter partes review estoppel; and
• an article highlighting takeaways from a recent precedential opinion by the Federal Circuit addressing analogousness of prior art references.

The Federal Circuit did not release any opinions or orders today given the Memorial Day holiday.

Late yesterday and this morning, the Federal Circuit released a nonprecedential opinion in a patent case appealed from the International Trade Commission and addressing claim construction, infringement, and invalidity. The court also released a nonprecedential order dismissing an appeal. Here is the introduction to the opinion and a link to the dismissal.

Late last month, the Federal Circuit issued its opinion in Lockheed Martin Aeronautics Co. v. Secretary of the Air Force, a government contract case that attracted an amicus brief. This case concerns whether the federal government’s resort to unilateral price determinations under two F-16 Aircraft contracts constituted government claims under the Contract Disputes Act of 1978. In particular, the Federal Circuit reviewed a determination by the Armed Services Board of Contract Appeals that it lacked subject matter jurisdiction because the government’s price modifications did not constitute government claims. In an opinion authored by Judge Reyna and joined by Judges Mayer and Hughes, the court affirmed the Board’s judgment dismissing Lockheed Martin’s appeals for lack of jurisdiction. This is our opinion summary.