FedCircuitBlog

This morning the Federal Circuit released two precedential opinions, one in a copyright case and one in a trade case. The court also released three nonprecedential opinions, two in patent cases and one in a trade case. The court also released an erratum. Here are the introductions to the opinions and a link to the erratum.

In December the Federal Circuit issued its opinion in City of Fresno v. United States, a takings case that attracted two amicus briefs. In this case, the Federal Circuit reviewed a dismissal by the Court of Federal Claims and a grant of summary judgment in favor of the United States. Parties to the California Central Valley Project sued the United States claiming they were entitled to water the United States failed to distribute after a drought in 2014. In an opinion authored by Judge Stark and joined by Chief Judge Moore and Judge Clevenger, the Federal Circuit affirmed the lower court’s dismissal and grant of summary judgment. This is our opinion summary.

This morning the Federal Circuit released a precedential opinion in a case appealed from the Merit Systems Protection Board involving claims under the Uniformed Services Employment and Reemployment Rights Act. The court also released two nonprecedential opinions, one in a patent case appealed from the Patent Trial and Appeal Board and the other in a pro se case appealed from the Court of Federal Claims. Here are the introductions to the opinions.

This morning the Federal Circuit released a precedential opinion in a trademark case and seven nonprecedential orders. One of the orders remands a case, and the others are all dismissals. Here are the introductions to the opinion and remand order and links to the dismissals.

This morning the Federal Circuit released a precedential opinion in a patent case appealed from the Patent Trial and Appeal Board. Notably, Judge Stoll dissented from the majority’s decision to reverse a final written description that had declined to hold certain patent claims invalid as obvious. Here are the introductions to the majority and dissenting opinions.

Late last month the Federal Circuit issued its opinion in Teva Branded Pharmaceutical Products R&D, Inc. v. Amneal Pharmaceuticals of New York, LLC, a patent case that attracted seven amicus briefs. In this case, Amneal alleged that Teva delayed the entry of generic products into the market by improperly listing certain patents in the Orange Book. The District of New Jersey agreed and required Teva to delist its patents from the Orange Book. Teva appealed, and the Federal Circuit stayed the lower courts order pending its resolution of the appeal. Late last month, in an opinion authored by Judge Prost and joined by Judge Taranto and Hughes, the Federal Circuit lifted the stay and affirmed the district court’s delisting order. This is our opinion summary.

This morning the Federal Circuit released a nonprecedential order dismissing an appeal. That’s it! Happy New Year!

The Federal Circuit issued its opinion earlier this month in Metropolitan Area EMS Authority v. Secretary of Veterans Affairs, a veterans case we have been following because it attracted an amicus brief. In this case, the Federal Circuit reviewed a rule promulgated by the Secretary of Veterans Affairs that permitted VA to pay the lesser of the actual charge or the Medicare fee schedule (MFS) amount for all non-contract ground and air ambulance transports. The petitioners in this case sought review of this rule. In an opinion authored by Judge Stoll and joined by Judges Lourie and Stark, the Federal Circuit granted the petition and set aside the rule as not in accordance with law given the governing statute. This is our opinion summary.

This morning the Federal Circuit released a precedential opinion in a veterans case, a nonprecedential opinion in a patent case, and a nonprecedential order dismissing an appeal. Here are the introductions to the opinions and a link to the dismissal.

Today the Federal Circuit released a precedential opinion in one veterans case, a nonprecedential opinion in another veterans case, and two nonprecedential orders dismissing appeals. Here are the introductions to the opinions and links to the orders.