This morning the Federal Circuit released a precedential en banc opinion in an employment case appealed from the Court of Federal Claims. The en banc court held that the Office of Personnel Management to date has not adopted regulations that provide for differential pay based on COVID-19 in various workplace settings. Notably, Judge Reyna dissented in an opinion joined by Judge Newman. The Federal Circuit also released a nonprecedential opinion dismissing a veterans case appealed from the Court of Appeals for Veterans Claims. The Federal Circuit also issued a nonprecedential order transferring a case to the Ninth Circuit and another nonprecedential order dismissing two appeals. Finally, the Federal Circuit released two Rule 36 judgments. Here are the introductions to the opinions, text from the order, and links to the dismissal and Rule 36 judgments.
Opinions & Orders – February 13, 2023
This morning the Federal Circuit released three precedential opinions. The first comes in a takings case appealed from the Court of Federal Claims. In it, the Federal Circuit reversed the Claims Court’s finding that the property interests at issue were easements. The second comes in patent case appealed from the Western District of Wisconsin. In it, the Federal Circuit reversed the district court’s construction of a specific term, vacated the district court’s grant of summary judgment with respect to one patent, and affirm the district court’s grant of summary judgment with respect to another patent. The third comes in a patent case appealed from the District of Delaware. In it, the Federal Circuit affirmed the district court’s finding of lack of eligibility. The Federal Circuit also released a nonprecedential opinion in a patent case appealed from Patent Trial and Appeal Board. Finally, the Federal Circuit released a nonprecedential order dismissing an appeal.
Opinions & Orders – February 10, 2023
This morning the Federal Circuit released three nonprecedential opinions. The first and second opinions come in cases appealed from the Court of Federal Claims and involve issues related to the Vaccine Act and jurisdiction, respectively. The third opinion comes in a patent case appealed from the Patent Trial and Appeal Board. The Federal Circuit also released two nonprecedential orders late yesterday and this morning. One transfers an appeal to the Northern District of Illinois, and the other dismisses an appeal. Finally, the Federal Circuit released two Rule 36 judgments. Here are the introductions to the opinions, text from the order, and links to the dismissal and Rule 36 judgments.
Opinions & Orders – February 9, 2023
This morning the Federal Circuit released two nonprecedential opinions. The first comes in a case appealed from the Court of Federal Claims; the second comes in a case appealed from the Merit Systems Protection Board. The Federal Circuit also released two Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.
Opinions & Orders – February 8, 2023
This morning the Federal Circuit released two precedential opinions. The first comes in a takings case appealed from the Court of Federal Claims. In it, the Federal Circuit affirmed a dismissal of the claim for lack of a cognizable property interest. The second comes in patent case appealed from the Patent Trial and Appeal Board. In it, the Federal Circuit affirms the Board’s denial of rehearing of two inter partes review proceedings. The Federal Circuit also released two nonprecedential orders dismissing appeals and a Rule 36 judgment. Here are the introductions to the opinions and links to the dismissals and Rule 36 judgment.
Opinions & Orders – February 7, 2023
This morning the Federal Circuit released a precedential opinion in a trade case appealed from the Court of International Trade. In it, the Federal Circuit reversed the Court of International Trade’s determination that raised tariffs on steel imports were unauthorized under the Trade Expansion Act. The Federal Circuit also released a nonprecedential opinion in a veterans case appealed from the Court of Appeals for Veterans Claims. Finally, the Federal Circuit released three nonprecedential orders dismissing appeals. Here are the introductions to the opinions and links to the dismissals.
Opinions & Orders – February 6, 2023
This morning the Federal Circuit released a precedential opinion in a trade case appealed from the Court of International Trade. In it, the Federal Circuit affirmed the Court of International Trade’s decision to dismiss a complaint for lack of jurisdiction. Here is an introduction to the opinion.
Opinions & Orders – February 3, 2023
This morning the Federal Circuit released a nonprecedential opinion in a patent case appealed from the Patent Trial and Appeal Board. Notably, Judge Schall filed a dissenting opinion. Here are the introductions to the opinions.
Opinions & Orders – February 2, 2023
This morning the Federal Circuit released two nonprecedential opinions. The first comes in an employment case appealed from the Office of Congressional Workplace Rights; the second comes in a patent case appealed Patent Trial and Appeal Board. The Federal Circuit also released a nonprecedential order dismissing an appeal. Here are the introductions to the opinions and a link to the dismissal.
Opinions & Orders – February 1, 2023
This morning the Federal Circuit released a precedential order in a patent case granting a petition for a writ of mandamus and ordering the Western District of Texas to transfer the case to the Northern District of California. The Federal Circuit also released three nonprecedential orders dismissing appeals for failure to prosecute. Here is text from the order and links to the dismissals.