FedCircuitBlog

One case being argued in November at the Federal Circuit attracted an amicus brief. In this case, Boyer v. United States, the Federal Circuit will review a decision by the Court of Federal Claims granting the government’s motion for summary judgment and denying the plaintiff’s motion for summary judgment. Both motions related to a pay discrimination claim under the Equal Pay Act, and the appeal relates primarily to the plaintiff’s argument that the trial court relied only on salary history to establish an affirmative defense. This is our argument preview.

As we mentioned yesterday, two cases being argued in September at the Federal Circuit attracted amicus briefs. One of these cases is W. J. v. Secretary of Health and Human Services. In this case, the Federal Circuit will review a judgment of the Court of Federal Claims upholding a special master’s decision to grant a motion to dismiss a petition for compensation under the National Vaccine Injury Compensation Program. Notably, in this pro se case, the Federal Circuit appointed amicus curiae to file a brief and argue on behalf of the appellant. This is our argument preview. 

Two cases being argued in September at the Federal Circuit attracted amicus briefs. One of these cases is Darby Development Co. v. United States. In this case, the Federal Circuit will review a decision by the Court of Federal Claims granting the government’s motion to dismiss physical takings and illegal exaction claims related to the Center for Disease Control’s eviction moratorium enacted during the onset of the COVID-19 pandemic. This is our argument preview.

Two cases being argued in July at the Federal Circuit attracted amicus briefs. One of those cases is Besanceney v. Department of Homeland Security. In this case, the Federal Circuit will review 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. This is our argument preview.

Two cases being argued in July at the Federal Circuit attracted amicus briefs. One of those cases is Sun Pharmaceutical Industries, Inc. v. Incyte Corporation. In this case, the Federal Circuit will review a decision by the Patent Trial and Appeal Board that the inter partes review petitioner “has shown by a preponderance of the evidence that the challenged claims are unpatentable.” Notably, in this case, Sun Pharmaceutical Industries was substituted for Concert Pharmaceuticals as the appellant to reflect a recent merger. This is our argument preview.

As we previously mentioned, four cases being argued in June at the Federal Circuit attracted amicus briefs, and two of those cases are appeals from ex parte reexaminations involving the same appellant, Cellect, LLC. In In re Cellect, LLC (“Cellect II”), the Federal Circuit will review a judgment by the Patent Trial and Appeal Board invalidating Cellect’s patents under the doctrine of obviousness-type double patenting. This is our argument preview.

As we previously mentioned, four cases being argued in June at the Federal Circuit attracted amicus briefs. Two of those cases are appeals from ex parte reexaminations involving the same appellant, Cellect, LLC. In In re Cellect, LLC (“Cellect I”), the Federal Circuit will review a judgment of the Patent Trial and Appeal Board finding patent claims unpatentable for obviousness-type double patenting. This is our argument preview.

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.

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.

Again, five cases being argued in April at the Federal Circuit attracted amicus briefs. One of those cases is Jenkins v. United States, a takings case. In this case, the Federal Circuit will review a determination by a district court that Jenkins was not entitled to compensation for the loss of his vehicles seized during a criminal investigation. This is our argument preview.