FedCircuitBlog

Late last month, the Federal Circuit issued its opinion in Jenkins v. United States, a takings case we have been following because it attracted an amicus brief. In this case, the Federal Circuit reviewed a district court’s conclusion that it did not have jurisdiction over a due process claim and its grant of the government’s motion for summary judgment on a takings claim related to the seizure and withholding of vehicles as the result of a drug conspiracy investigation. In an opinion authored by Judge Dyk and joined by Judges Lourie and Stark, the Federal Circuit affirmed in part and vacated and remanded in part. In particular, the court held that “there is no police power exception that insulates the United States from takings liability for the period after seized property is no longer needed for criminal proceedings.” This is our opinion summary.

The Federal Circuit did not release any opinions or orders today on its website.

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

• a podcast episode discussing the ongoing investigation into Judge Newman’s fitness to serve as a judge;
• a blog post about the effects a recent Federal Circuit precedential opinion has on interference proceedings for post-America Invents Act patents; and
• an article about “evolving standards for stipulations to avoid discretionary denial” in inter partes review proceedings before the Patent Trial and Appeal Board.

This morning, the Federal Circuit released a nonprecedential opinion in a case appealed from the Merit Systems Protection Board addressing untimeliness of a petition for review. Late yesterday and this morning, the court also released four nonprecedential orders dismissing appeals. Here is the introduction to the opinion and 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. With respect to petitions, one new petition was filed in a Tucker Act case asking the Court to consider questions related to alleged federal government payment obligations. Also, an amicus brief in support of a petition was filed in a patent case, and a waiver of right to respond was filed in a pro se case. Here are the details.

This morning, the Federal Circuit released two nonprecedential opinions: one in a veterans case addressing service connection for disabilities and one in a pro se case appealed from the Merit Systems Protection Board and addressing untimeliness of a petition for review. Late yesterday and this morning, the court also released two nonprecedential orders dismissing appeals. Here are the introductions to the opinions and links to the orders.

Here is an update on recent en banc activity at the Federal Circuit. Since our last update, the court denied an en banc petition in a patent case. That’s it Here are the details.

This morning, the Federal Circuit released a nonprecedential opinion dismissing an appeal from the Court of Appeals for Veterans Claims for lack of jurisdiction. Here is the introduction to the opinion.

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

• an article discussing comments Judge Newman made in a recent interview regarding the ongoing dispute regarding her fitness to serve as a judge;
• an article covering statements made by Andrei Iancu, the former head of the U.S. Patent and Trademark Office, and former Federal Circuit Judge Kathleen O’Malley, who both recently joined Sullivan & Cromwell; and
• a blog post about how a recent Federal Circuit decision “zeroes in on the motivation-to-combine analysis” and allegedly provides more clarity on what makes a proper obviousness analysis as a whole.

Late yesterday and this morning, the Federal Circuit released two nonprecedential orders, one denying a petition for a writ of mandamus seeking to order the Western District of Texas to promptly decide a motion to transfer and another dismissing an appeal. This morning, the Federal Circuit also released a summary affirmance in a case appealed from the Patent Trial and Appeal Board. Here is text from the order denying the petition for a writ of mandamus and links to the dismissal and the summary affirmance.