FedCircuitBlog

This morning the Federal Circuit granted a petition for en banc rehearing and issued a modified opinion in Brimer v. Department of the Navy. Notably, Part I of the modified opinion is joined by all eleven of the active judges participating in the case. In that part, the court overrules its precedent and holds that a statutory provision granting veterans’ preference rights is applicable to veterans currently employed by the federal government. Here are the details.

Late yesterday, the Federal Circuit released two nonprecedential orders dismissing petitions. This morning, the Federal Circuit released two precedential opinions, two nonprecedential opinions, and one nonprecedential order. One of the precedential opinions comes in a response to a petition seeking to have the en banc court reconsider a panel’s review of a decision of the Merit Systems Protection Board. Today’s nonprecedential order explains that the en banc court granted rehearing in response to the petition and the withdrew and replaced the panel’s opinion with a modified opinion that includes one part that is joined by all of the active judges that participated in the vote on rehearing. The other precedential opinion comes in a patent case appealed from the Patent Trial and Appeal Board. One of the nonprecedential opinions comes in a case appealed from the Court of Federal Claims, and the other comes in a patent case appealed from the Western District of Pennsylvania. Here are the introductions to the opinions and today’s order as well as links to the dismissals.

This morning, the Federal Circuit released a nonprecedential order summarily affirming a judgment of the Court of Federal Claims. Here is the introduction to the order.

Today the Federal Circuit released five nonprecedential orders and one errata. One of the orders comes in a patent case decided by the Patent Trial and Appeal Board, and it grants motions to dismissal the appeal as moot and also vacates the PTAB’s final written decision. Another order comes in a veterans case, and it dismisses an appeal and denies a petition. The third order grants an unopposed motion by the Merit Systems Protection Board to remand a case. The other two orders are dismissals. Here are the introductions to the first three orders as well as links to the errata and dismissals.

Today the Federal Circuit released two precedential opinions, a precedential order, and two nonprecedential orders dismissing cases. Both of the precedential opinions come in trade cases, and in both cases the court affirms the judgment of the Court of International Trade. In the precedential order, the Federal Circuit denies panel and en banc rehearing in a design patent cases. Notably, Judge Cunningham joined by Judge Hughes released an opinion concurring in the denial of the petition for rehearing en banc , while Chief Judge Moore joined by Judge Reyna released an opinion dissenting from the denial of the petition for rehearing en banc. Here are the introductions to the opinions and links to the dismissals.

Today the Federal Circuit released three precedential opinions, two nonprecedential opinions, and a nonprecedential order. One of the precedential opinions comes in a veterans case appealed from the Court of Appeals for Veterans Claims, one comes in a patent case appealed from the Patent Trial and Appeal Board, and one comes in a vaccine case appealed from the Court of Federal Claims. Both of the nonprecedential opinions come in patent cases, one appealed from the Patent Trial and Appeal Board and the other from a district court. The order is a dismissal. Here are the introductions to the opinions and a link to the dismissal.

Today the Federal Circuit released two precedential opinions and two nonprecedential opinions. The precedential opinions come in veterans and trade cases, while the nonprecedential opinions come in patent and veterans cases. Here are the introductions to the opinions.

This morning, the Federal Circuit released a nonprecedential opinion in a patent case appealed from the Patent Trial and Appeal Board. In the opinion, the court affirms the PTAB’s invalidation of a claim in an inter partes review proceeding. The claimed invention was a crossbow. Here is the introduction to the opinion.

This morning, the Federal Circuit released two nonprecedential opinions. The first comes in response to a petition to review a final decision of the Merit Systems Protection Board, and the second comes in a patent case appealed from the Patent Trial and Appeal Board. Here are the introductions to the opinions.

Late yesterday, the Federal Circuit released a nonprecedential order dismissing an appeal. This morning, the court released two precedential opinions and one nonprecedential opinion. The first precedential opinion comes in a Tucker Act case appealed from the Court of Federal Claims. The second precedential opinion and the nonprecedential opinion come in separate patent cases appealed from the Southern District of Florida. Here are the introductions to the opinions as well as a link to the dismissal.