This morning, the Federal Circuit released two nonprecedential opinions. One addresses an appeal from a judgment of the Court of Appeals for Veterans Claims. The other opinion addresses an appeal from a judgment of the Armed Services Board of Contract Appeals. Here are the introductions to the opinions.
Opinion Summary – W. J. v. Secretary of Health and Human Services
In late February, the Federal Circuit issued its opinion in W.J. v. Secretary of Health and Human Services, a case we have been following because it attracted an amicus brief. In this case, the Federal Circuit reviewed 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. The Federal Circuit appointed amicus curiae counsel to present arguments on behalf of the appellant. In an opinion by Judge Lourie that was joined by Judges Dyk and Stark, the Federal Circuit affirmed the conclusion of the Court of Federal Claims “that equitable tolling was not appropriate and, thus, that Appellants’ petition was not timely filed under 42 U.S.C. § 300aa-16(a)(2).” This is our opinion summary.
Opinions & Orders – April 15, 2024
This morning, the Federal Circuit released one precedential opinion and two nonprecedential orders. The opinion reverses and remands a judgment if the Court of Federal Claims, finding that the court relied upon a legally erroneous construction of “surgical intervention” in addressing a claim under the National Childhood Vaccine Injury Act. One of the orders transfers an appeal. The other dismisses an appeal. Here is the introduction to the opinion, selected text from the transfer order, and a link to the dismissal.
Opinions & Orders – April 12, 2024
This morning, the Federal Circuit released one precedential opinion, one nonprecedential opinion, one precedential order, and three nonprecedential orders. The precedential opinion addresses an appeal from judgments arising out of a bench trial in the Western District of Louisiana in a patent case. The nonprecedential opinion affirms a decision by the Patent Trial and Appeal Board finding certain claims unpatentable for obviousness. The precedential order, which attracted amicus attention and a dissent joined by four judges, denies a sua sponte request for rehearing en banc. Two of the orders transfer cases, and one dismisses a set of appeals. Here are the introductions to the opinions, selected text from the precedential order and transfers, and link to the dismissal.
Opinions & Orders – April 11, 2024
This morning, the Federal Circuit released one precedential opinion, two nonprecedential opinions, and six nonprecedential orders. The precedential opinion, which attracted two amicus briefs, addresses an appeal from a final judgment of a district court holding certain patent claims invalid as obvious. Judge Cunningham filed an opinion dissenting in part. One of the nonprecedential opinions affirms four final written decisions of the Patent Trial and Appeal Board, determining all claims are unpatentable over asserted prior art. The other nonprecedential opinion affirms a decision of the Merit Systems Protections Board. Two of the nonprecedential orders transfer appeals to other United States appellate courts. Four of the nonprecedential orders are dismissals. Here are the introductions to the opinions, selected text from the transfer orders, and links to the dismissals.
Opinions & Orders – April 10, 2024
This morning, the Federal Circuit released two nonprecedential opinions and three nonprecedential dismissals. One of the opinions addresses an appeal from a judgment of the Court of Appeals for Veterans Claims, which denied an early effective date for disability compensation. The other opinion addresses an appeal from a judgment of the Merit Systems Protection Board, which denied a request for corrective action under the Whistleblower Protection Act and the Whistleblower Protection Enhancement Act. Here are the introductions to the opinions and links to the dismissals.
Opinions & Orders – April 9, 2024
This morning, the Federal Circuit released one nonprecedential opinion. It addresses a pro se challenge to a judgment of the Merit Systems Protection Board. Here is the introduction to the opinion.
Opinions & Orders – April 8, 2024
This morning, the Federal Circuit released one precedential opinion, six nonprecedential opinions, three dismissals, and two Rule 36 summary affirmances. The precedential opinion addresses an appeal from a dismissal by the Court of International Trade for lack of subject matter jurisdiction. Three of the nonprecedential opinions dismiss appeals from the Court of Appeals for Veterans Claims—two for lack of jurisdiction and one for lack of a final judgment. Another two of the nonprecedential opinions affirm judgments of the Merit Systems Protection Board. The last nonprecedential opinion addresses an appeal and cross-appeal from a judgment of the International Trade Commission, which found that a collection of imported products infringed certain patents, but also found certain redesigns not to infringe. Here are the introductions to the opinions and links to the dismissals and summary affirmances.
Opinions & Orders – April 5, 2024
This morning, the Federal Circuit released two nonprecedential opinions and seven Rule 36 summary affirmances. One of the opinions addresses an appeal from a judgment of the Patent Trial and Appeal Board. The other opinion addresses an appeal from a judgment of the Court of Federal Claims. Here are the introductions to the opinions and links to the summary affirmances.
Opinions & Orders – April 4, 2024
This morning, the Federal Circuit released two precedential opinions, one nonprecedential opinion, one Rule 36 summary affirmance, and one nonprecedential order. One of the two precedential opinions affirms a summary judgment by a district court in a patent case. The other precedential opinion resolves an appeal from a judgment of the United States Court of International Trade. The nonprecedential opinion addresses an appeal from a judgment of the Merit Systems Protection Board. Finally, the order denies a petition for writ of mandamus seeking to order the Western District of Texas to transfer a case to the Northern District of California. Here are the introductions to the opinions, selected text from the order, and a link to the summary affirmance.