FedCircuitBlog

Earlier this month, the Federal Circuit heard oral argument in Besanceney v. Department of Homeland Security. In this case, the Federal Circuit reviewed a finding by the Merit Systems Protection Board that disclosures made by Besanceney, a criminal investigator for the Transportation Security Administration, were not protected under the Whistleblower Protection Enhancement Act. Notably, this case was decided via a summary affirmance the day after oral argument was heard. This is our argument recap.

This morning, the Federal Circuit released two opinions: a precedential opinion in a patent case addressing infringement and anticipation and a nonprecedential opinion in a pro se vaccine case we have been tracking because it attracted an amicus brief. Late last Friday, the court also released a nonprecedential order dismissing an appeal. Here are the introductions to the opinions and a link to the dismissal.

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This morning, the Federal Circuit released a nonprecedential opinion in a case appealed from the Merit Systems Protection Board addressing untimeliness of a petition for review.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.