En Banc Activity / Opinions

Opinion Summary – National Organization of Veterans Advocates, Inc. v. Secretary of Veterans Affairs

As we previously reported, last week the Federal Circuit issued an en banc opinion in National Organization of Veterans Advocates, Inc. v. Secretary of Veterans Affairs. After deciding that NOVA had standing and the court had jurisdiction over the case, the court held that a Federal Circuit rule setting a filing deadline for certain petitions was inconsistent with a federal statute and therefore invalid. Notably, to reach these conclusions, the court not only invalidated one of its rules but also overruled three of its cases. Here is our summary of the opinion.

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Opinions

Opinions & Orders – December 16, 2020

This morning, the Federal Circuit issued a nonprecedential opinion in a patent case and a Rule 36 judgment in a patent case. Here is the introduction to the opinion and a link to the Rule 36 judgment.

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Opinions

Opinions & Orders – December 15, 2020

This morning, the Federal Circuit issued one nonprecedential opinion dismissing an appeal of a denial of benefits in a veterans case decided by the Court of Appeals for Veterans Claims. Here is the introduction to the opinion.

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Opinions

Opinions & Orders – December 14, 2020

This morning, the Federal Circuit issued five nonprecedential opinions in three veterans cases and two patent cases. The Federal Circuit also issued two Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.

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Opinions

Opinions & Orders – December 11, 2020

This morning the Federal Circuit issued a nonprecedential opinion in a design patent case; a nonprecedential opinion in a trademark case; a nonprecedential opinion in an appeal from the Court of Veterans Appeals; a nonprecedential opinion in an appeal from the Merits Systems Protection Board; a nonprecedential order denying a motion to stay a final judgment of the Court of International Trade pending an appeal over a dissent by Judge Taranto; and two Rule 36 judgments. Here are the introductions to the opinions, text from the order; and a list of the Rule 36 judgments.

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Opinions

Opinions & Orders – December 10, 2020

This morning the Federal Circuit issued one nonprecedential opinion affirming the Patent Trial and Appeal Board’s denial of a motion to dismiss, which the Board of Regents of the University of Texas System filed on the ground of sovereign immunity in an inter partes review proceeding. The court also issued six Rule 36 summary affirmances. Here is the text of the opinion and a list of the Rule 36 judgments.

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Opinions

Opinions & Orders – December 9, 2020

This morning the Federal Circuit issued three non precedential opinions: one affirming a decision by the U.S. Court of Veterans Appeals in favor of Veterans Affairs; one affirming a district court’s order granting a motion for attorneys’ fees in a patent case; and one affirming an arbitrator’s sustaining of a dismissal of a federal employee from her employment. Here are the introductions to the opinions.

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Opinions

Opinions & Orders – December 8, 2020

This morning the Federal Circuit issued a prededential en banc opinion in a veterans case, National Organization of Veterans Advocates, Inc. v. Secretary of Veterans Affairs, concluding that the Federal Circuit had jurisdiction over the case and that a Federal Circuit rule is invalid given the applicable statute of limitations. The court also issued a nonprecedential opinion in another veterans case and a nonprecedential opinion in a patent case. Here are the introductions to the opinions.

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Opinions

Opinions & Orders – December 7, 2020

This morning the Federal Circuit issued three opinions: a precedential opinion in a patent case; a precedential opinion in a case appealed from the Merit Systems Protection Board; and a nonprecedential opinion in another case appealed from the Merit Systems Protection Board. Here are the introduction to the opinions.

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Opinions

Opinions & Orders – December 4, 2020

This morning the Federal Circuit issued a precedential opinion addressing jurisdiction in an appeal from the Merit Systems Protection Board; a precedential order denying a petition for panel and en banc rehearing in an appeal from the Trademark Trial and Appeal Board over a dissent by Judge Wallach; and a nonprecedential erratum correcting a typographical error in an opinion issued in trade case yesterday. Here is the introductions to the opinions and text from the erratum.

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