FedCircuitBlog

Early this month the Federal Circuit issued its opinion in The Modern Sportsman, LLC v. United States, a takings case we have been following because it attracted an amicus brief. The case involved allegations the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) committed takings under the Takings Clause of the Fifth Amendment when it banned bump-fire type rifle stocks. The Court of Federal Claims dismissed the case, and Judges Taranto, Wallach, and Chen heard the appeal. Judge Taranto authored a short non-precedential opinion affirming the Court of Federal Claims, and Judge Wallach authored an opinion concurring in the result. This is our opinion summary. 

The Federal Circuit did not release any opinions today on its website given the Columbus Day federal holiday.

This morning the Federal Circuit issued a precedential opinion in a veterans case appealed from the Court of Appeals for Veterans Claims. The Federal Circuit also issued a nonprecedential opinion in an employment case appealed from the Merit Systems Protection Board. Finally, the court issued three Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.

This morning the Federal Circuit issued a precedential opinion in a patent case appealed from the United States District Court for the Southern District of New York. The Federal Circuit also issued three nonprecedential opinions. Two of the opinions came in veterans cases appealed from the United States Court of Appeals for Veterans Claims. The third opinion came in an employment case appealed from the Merit Systems Protection Board. Finally, the court issued three Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.

This morning the Federal Circuit issued a nonprecedential opinion in a patent case appealed from the United States District Court for the District of Minnesota. The court also issued a nonprecedential order granting a writ of mandamus to require transfer of a patent case from the Western District of Texas to the Northern District of California. Finally, the Federal Circuit also issued two Rule 36 judgments. Here are the introductions to the opinion and order and links to the Rule 36 judgments.

This morning the Federal Circuit issued two nonprecedential opinions: one in a patent case appealed from the Patent Trial and Appeal Board, and one in a veterans case appealed from the Court of Appeals for Veterans Claims. Here are the introductions to the opinions.

This morning the Federal Circuit issued four precedential opinions: two in patent cases appealed from the U.S. District Court for the District of Delaware; one in a patent case appealed from the Patent Trial and Appeal Board; and one in an international trade case appealed from the U.S. Court of International Trade. The court also released a nonprecedential order requiring the U.S. District Court for the Western District of Texas to transfer a patent case and an erratum. Here are the introductions to the opinions and order, and a link to the erratum.

This morning the Federal Circuit issued a precedential opinion in a case appealed in the Court of Federal Claims, addressing arguments that the destruction of firearms under new federal statutes constituted a government taking. The Federal Circuit also issued a nonprecedential opinion addressing the same issue. Notably, Judge Wallach concurred only in the result in both cases. Finally, the court issued a nonprecedential order in a patent case granting a petition for a writ of mandamus to order the Western District of Texas to vacate an order transferring the case from its Austin Division to its Waco Division. Here are the introductions to the opinions and order.

This morning the Federal Circuit issued a nonprecedential opinion in a patent case appealed from the Patent Trial and Appeal Board. The court addressed the Board’s determination that a petition for inter partes review and a reply brief were insufficient on their merits. Here is the introduction to the opinion.

This morning the Federal Circuit issued two precedential opinions and one nonprecedential opinion. The first precedential opinion resulted from an appeal from the Patent Trial and Appeal Board, and in the opinion the court addressed when ex parte reexamination is available to a requester who has already made the same arguments in an inter partes review proceeding. The second precedential opinion resulted from an appeal from the Armed Services Board of Contract Appeals, and in the opinion the court addressed issues related to government contract claims. The nonprecedential opinion resulted in another appeal from the PTAB. Here are the introductions to the opinions.