FedCircuitBlog

This week we are previewing oral arguments scheduled for next week at the Federal Circuit in three cases that attracted amicus briefs. Today we highlight Memmer v. United States, a takings case in which Memmer appeals a decision by the Court of Federal Claims concerning a Notice of Interim Trail Use issued by the Surface Transportation Board. In the appeal, Memmer challenges the lower court’s analysis of causation as well as its decision that “the duration of the taking lasted as long as the railroad’s abandonment authority existed.” The United States cross-appeals to argue that the lower court “erred in holding that Indiana Southwestern would have abandoned if the NITU had not issued.” One amicus brief was filed in support of Memmer. This is our argument preview.

This week we are previewing oral arguments scheduled for next week at the Federal Circuit in three cases that attracted amicus briefs. Today we highlight Thaler v. Vidal. Thaler is the developer, user, and owner of DABUS, an artificial intelligence system that created the two inventions at issue without the assistance of a human inventor. In this case, Thaler seeks review of a district court’s grant of summary judgment to the U.S. Patent and Trademark Office, deciding that “an artificial intelligence machine cannot be an ‘inventor’ under the Patent Act.” This is our argument preview.

This week we are previewing oral arguments scheduled for next week at the Federal Circuit in three cases that attracted amicus briefs. Today we highlight Skaar v. McDonough, in which McDonough, the Director of Veterans Affairs, appeals a decision by the Court of Veterans Appeals certifying a class action of veterans. Skaar cross-appeals to argue the Court of Veterans Appeals misinterpreted equitable tolling and waiver standards to exclude from the certified class veterans who had not timely appealed past agency decisions. Amicus briefs in support of Skaar were filed by the National Veterans Legal Services Program and 15 Administrative Law, Civil Procedure, and Federal Courts Professors. This is our argument preview.

This week we are previewing three arguments scheduled for next week at the Federal Circuit. We are previewing these arguments because the underlying cases attracted amicus briefs. Today we highlight LaBonte v. United States, a veterans case where LaBonte is challenging a “Court of Federal Claims decision that military correction boards established under 10 U.S.C. § 1552 may not grant disability retirement to service members whose ‘Certificate of Release or Discharge From Active Duty,’ a standard separation document known as a ‘DD-214’ form, contains reference to a court martial.” Two amicus briefs were filed in support of the plaintiff-appellant, LaBonte, one by Military Law Practitioners and another a joint brief by the National Veterans Legal Services Program and Protect Our Defenders. This is our argument preview.

This week we are previewing three arguments scheduled for next week at the Federal Circuit. We are previewing these arguments because the underlying cases attracted amicus briefs. Today we highlight Centripetal Networks, Inc. v. Cisco Systems, Inc., in which Cisco appeals a finding that it infringed four patents held by Centripetal Networks, resulting in a judgement of over $2.75 billion. An amicus brief was filed by High Tech Inventors Alliance in support of Cisco. This is our argument preview.

Next week, in an en banc session, the Federal Circuit will hear arguments in Taylor v. McDonough, a veterans case. The court will consider whether equitable estoppel may be used against the government with respect to establishing the effective date of an award pursuant to 38 U.S.C. § 5110. In particular, the court will consider several related questions: (1) whether “granting Mr. Taylor’s claim of entitlement to an earlier effective date under the doctrine of equitable estoppel be contrary to statutory appropriations and thus barred by the Appropriations Clause;” (2) if equitable estoppel does not apply, whether Taylor has a claim for “denial of a constitutional right of access to [Veterans Affairs] processes for securing disability benefits for which he met the eligibility criteria;” and (3) if a right of access exists, whether the right of access was violated here and what the remedy is. This is our argument preview.

Next week is argument week at the Federal Circuit, and one patent case being argued next week, Zaxcom, Inc. v. Lectrosonics, Inc., attracted amicus briefs. In this case, Zaxcom appeals an adverse decision by the Patent Trial and Appeal Board in an inter partes review proceeding brought by Lectrosonics. On appeal, Zaxcom argues the Patent Trial and Appeal Board incorrectly construed certain claims, incorrectly found certain claim elements in the prior art, and erred in its analysis of secondary considerations of non-obviousness. Lectrosonics cross-appeals, arguing the Board incorrectly found substitute claims to be patentable. The case attracted two amicus briefs, one from retired Federal Circuit Judge Paul R. Michel and one from U.S. Inventor, Inc. This is our argument preview.

This week we are previewing two arguments scheduled for next week at the Federal Circuit. We are previewing these arguments because the underlying cases attracted amicus briefs. Today we highlight Milton v. United States, in which over 150 plaintiffs are appealing a decision of the Court of Federal Claims to grant summary judgement for the United States. These plaintiffs have asserted takings claims against the government based on properties being flooded by government action when the Addicks and Barker Reservoirs released water during Hurricane Harvey. An amicus brief was filed by 205 other plaintiffs with similar cases stayed at the Court of Federal Claims. This is our argument preview.

This week we are previewing two cases scheduled to be argued next week at the Federal Circuit. We are previewing these cases because they attracted amicus briefs. Today we highlight SAS Institute Inc. v. World Programming Ltd. In this copyright case, SAS Institute, Inc. appeals a decision from the Eastern District of Texas, which dismissed SAS’s claim of copyright infringement by World Programming Ltd. SAS contends the district court incorrectly analyzed a copyrighted program and excluded witness testimony. Notably, ten amicus briefs were filed in this case, six of which support SAS and four of which support WPL. This is our argument preview.

We are previewing three cases scheduled to be argued next week at the Federal Circuit that attracted amicus briefs. Today we highlight Military-Veterans Advocacy, Inc. v. Secretary of Veterans Affairs. In this case, Military-Veterans Advocacy, Inc. appeals a denial of rulemaking by the Secretary of Veterans Affairs that would have sought to extend the presumption of herbicide exposure to veterans who served on Guam from January 9, 1962, through December 31, 1980; Johnston Island from January 1, 1972 until September 30, 1977; and American Samoa. Two amicus briefs support MVA on appeal. This is our argument preview.