Opinions

Opinions & Orders – January 31, 2023

This morning the Federal Circuit released a precedential opinion in a case appealed from the Court of Federal Claims concerning attorney’s fees. In the opinion, the Federal Circuit explained why it vacated the award of attorney’s fees and remanded the case for a redetermination of the fees. The Federal Circuit also released three nonprecedential orders. Two transfer appeals to the Court of Appeals for the Second Circuit and one dismisses an appeal. Here is the introduction to the opinion, text from the orders, and a link to the dismissal.

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News / Opinions / Supreme Court Activity

Opinion Summary — Arellano v. McDonough

Last week, the Supreme Court issued its opinion in Arellano v. McDonough, a veterans case that presented the Court with the opportunity to decide whether the one-year statutory deadline for seeking retroactive disability benefits may be equitably tolled. In a unanimous decision, the Court affirmed the Federal Circuit’s ruling, finding that the relevant section of the governing statute is not subject to equitable tolling. Justice Barrett authored the Court’s decision. This is our opinion summary. 

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Opinions

Opinions & Orders – January 30, 2023

Late Friday and this morning, the Federal Circuit released six nonprecedential orders. One transfers an appeal to the Court of Appeals for the Second Circuit, one grants a motion to dismiss an appeal subject to reinstatement, and four dismiss appeals. The Federal Circuit also released a Rule 36 judgment and an erratum. Here is text from the orders and links to the dismissals, Rule 36 judgment, and erratum.

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Opinions

Opinions & Orders – January 27, 2023

This morning the Federal Circuit released five nonprecedential orders dismissing appeals. Here are links to the dismissals.

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Opinions

Opinions & Orders – January 26, 2023

This morning the Federal Circuit released a nonprecedential order dismissing an appeal. Here is a link to the dismissal.

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Opinions

Opinions & Orders – January 25, 2023

This morning the Federal Circuit released a precedential opinion in a case appealed from the Court of Federal Claims. In the opinion, the Federal Circuit explains that it vacated the lower court’s decision granting judgment on the administrative record in favor of the government and remanded the case. Late yesterday and this morning, the Federal Circuit also released three nonprecedential orders dismissing appeals. Here is an introduction to the opinion and links to the dismissals.

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Opinions

Opinions & Orders – January 24, 2023

This morning the Federal Circuit released a nonprecedential opinion affirming a judgment of the Northern District of Texas of noninfringement of two patents. Here is the introduction to the opinion.

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Opinions

Opinions & Orders – January 23, 2023

This morning the Federal Circuit released two precedential opinions in separate cases appealed from the Court of Appeals for Veterans Claims. In the first precedential opinion, the Federal Circuit affirms the Veterans Court’s denial of a request to exclude certain payments in calculating a veteran’s non-service-connected pension. In the second precedential opinion, the Federal Circuit affirms the Veterans Court’s conclusion that a veteran is barred from receiving reimbursement for specific medical treatment. The Federal Circuit also released a nonprecedential opinion in another veterans case appealed from the Court of Appeals for Veterans Claims. Finally, the Federal Circuit released a nonprecedential order denying a petition for a writ of mandamus seeking to transfer an appeal from the Western District of Texas to the Eastern District of Michigan. Here are the introductions to the opinions and text from the order.

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Opinions

Opinions & Orders – January 20, 2023

This morning the Federal Circuit released one precedential opinion and two nonprecedential opinions. The precedential opinion comes in a patent case appealed from the Eastern District of Texas. In it, the Federal Circuit affirmed the district court’s determination that a patent is unenforceable based on prosecution laches. Notably, Judge Stark filed a dissenting opinion. The two nonprecedential opinions come in separate patent cases appealed from the Patent Trial and Appeal, both involving the same parties. In each opinion, Judge Lourie filed additional views and Judge Stark filed a concurring opinion, both addressing the argument the Supreme Court overruled the Federal Circuit’s approach to obviousness with respect to design patents. Late yesterday and this morning, the Federal Circuit also released six nonprecedential orders dismissing appeals. Here are the introductions to the opinions and links to the dismissals.

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Opinions

Opinions & Orders – January 19, 2023

The Federal Circuit did not release any opinions or orders this morning on its website.

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