Opinions

Opinions & Orders – May 30, 2023

This morning, the Federal Circuit released a precedential opinion in a case appealed from the Court of Federal Claims addressing entitlement to military disability retirement pay. The court also released a nonprecedential opinion in a pro se case appealed from Merit Systems Protection Board. Here are the introductions to the opinions.

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Opinions

Opinions & Orders – May 29, 2023

The Federal Circuit did not release any opinions or orders today given the Memorial Day holiday.

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Opinions

Opinions & Orders – May 26, 2023

Late yesterday and this morning, the Federal Circuit released a nonprecedential opinion in a patent case appealed from the International Trade Commission and addressing claim construction, infringement, and invalidity. The court also released a nonprecedential order dismissing an appeal. Here is the introduction to the opinion and a link to the dismissal.

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Opinions / Panel Activity

Opinion Summary – Lockheed Martin Aeronautics Co. v. Secretary of the Air Force

Late last month, the Federal Circuit issued its opinion in Lockheed Martin Aeronautics Co. v. Secretary of the Air Force, a government contract case that attracted an amicus brief. This case concerns whether the federal government’s resort to unilateral price determinations under two F-16 Aircraft contracts constituted government claims under the Contract Disputes Act of 1978. In particular, the Federal Circuit reviewed a determination by the Armed Services Board of Contract Appeals that it lacked subject matter jurisdiction because the government’s price modifications did not constitute government claims. In an opinion authored by Judge Reyna and joined by Judges Mayer and Hughes, the court affirmed the Board’s judgment dismissing Lockheed Martin’s appeals for lack of jurisdiction. This is our opinion summary.

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Opinions

Opinion Summary – Dixon v. United States

Earlier this month, the Federal Circuit issued its opinion in Dixon v. United States, a tax case that attracted an amicus brief. In this case, the Federal circuit reviewed a judgment of the Court of Federal Claims dismissing Dixon’s claim for lack of subject-matter jurisdiction and, in the alternative, for failure to state a claim upon which relief could be granted. In an opinion authored by Judge Taranto and joined by Judges Clevenger and Hughes, the Federal Circuit affirmed the judgment of the Court of Federal Claims. This is our opinion summary.

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Opinions

Opinions & Orders – May 25, 2023

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

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Opinions

Opinions & Orders – May 24, 2023

This morning, the Federal Circuit released a precedential opinion in a patent case involving analysis of pre-AIA first-to-invent provisions. Notably, Judge Dyk dissented. The court also released a nonprecedential opinion in a case appealed from the Merit Systems Protection Board, along with a nonprecedential order dismissing a case. Here are the introductions to the opinions and a link to the order.

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Opinions

Opinions & Orders – May 23, 2023

This morning, the Federal Circuit released a precedential opinion in a patent case dealing with attorney fees and non-taxable costs under 35 U.S.C. § 285. Here is the introduction to the opinion.

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Opinions

Opinions & Orders – May 22, 2023

Late Friday and this morning, the Federal Circuit released a precedential opinion in a government contract case, a nonprecedential opinion in an employment case, and two nonprecedential orders dismissing appeals. Here are the introductions to the opinions and the links to the orders.

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Opinions

Opinions & Orders – May 19, 2023

This morning, the Federal Circuit released a precedential opinion in a trade case involving an antidumping administrative review. Here is the introduction to the opinion.

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