FedCircuitBlog

This week is Court Week at the Federal Circuit. The court will continue to hear oral arguments telephonically given the coronavirus pandemic, and again this month the court is providing access to live audio of each panel scheduled for argument via the court’s YouTube channel. In total, the court will convene 15 panels to consider 65 cases. Of these 65 cases, the court will hear oral arguments in 47, and three cases attracted amicus briefs: one a veterans case, one a patent case, and one a case challenging the Merit Systems Protection Board. Here’s what you need to know about these three cases.

The third case being considered next week that attracted an amicus brief is Tao v. Merit Systems Protection Board. In this case, Tao presents several arguments challenging the Merit Systems Protection Board’s dismissal of her individual right of action (“IRA”) appeal, which alleged violations of the Whistleblower Protection Enhancement Act of 2012. Notably, the U.S. Office of Special Counsel filed an amicus brief in support of Tao. Moreover, following the amicus brief, the Merit Systems Protection Board filed its own brief agreeing that the underlying judgment should be vacated and the case should be remanded for further adjudication, and this case is not scheduled for oral argument. Nevertheless, here we summarize the arguments made in the briefs in anticipation of the court’s upcoming decision in this case.

One patent case being argued next week, Mobility Workx, LLC v. Unified Patents, LLC, attracted an amicus brief. In this case, Mobility Workx appeals an adverse decision by the Patent Trial and Appeal Board of the U.S. Patent and Trademark Office in an inter partes review proceeding. On appeal, Mobility Workx presents several arguments that inter partes violates the Constitution. This is our argument preview.

Next week is Court Week at the Federal Circuit, and three cases scheduled to be considered next week attracted amicus briefs. One is Buffington v. McDonough, a veterans case presenting the question of whether the Secretary of Veterans Affairs validly exercised rulemaking authority when promulgating a regulation related to the timing of payment of disability benefits. This is our argument preview.

Here is this month’s update on activity in cases pending before panels of the Federal Circuit where the cases involve at least one amicus brief. We keep track of these cases in the “Other Cases” section of our blog. Today, with respect to these cases we highlight two recent oral arguments in a veteran’s case and a patent case, as well as three upcoming oral arguments in a patent case, veteran’s case, and a case concerning the jurisdiction of the Merit Systems Protection Board.

As we have been reporting, two panels of the Federal Circuit heard oral arguments last week in cases that attracted amicus briefs. In one of these cases, New Vision Gaming & Development, Inc. v. SG Gaming, Inc., the court is reviewing two decisions by the Patent Trial and Appeal Board in covered business method reviews and, in particular, arguments that structural bias within the U.S. Patent and Trademark Office in favor of challenges to patents amounts to a due process violation. Judges Moore, Taranto, and Newman heard the arguments. This is our argument recap.

Here is this month’s update on activity in cases pending before panels of the Federal Circuit where the cases involve at least one amicus brief. We keep track of these cases in the “Other Cases” section of our blog. Today, with respect to these cases we highlight two dispositions, one new case with an amicus brief, one case with new briefing, one case update, three recent oral arguments, and two upcoming oral arguments. Here are the details.

As we have been reporting, the Federal Circuit this month scheduled three oral arguments in cases that attracted amicus briefs. In one of these cases, Omni Medsci, Inc. v. Apple Inc., the court heard argument Thursday regarding two different district courts’ holdings with respect to an alleged standing problem related to the plaintiff, Omni Medsci. This is our argument recap.

One of the three cases scheduled to be argued last week at the Federal Circuit that attracted amicus briefs was a death benefit case entitled Rolfingsmeyer v. Office of Personnel Management. Normally at this point we would provide a recap of the oral argument, but last week the Federal Circuit released a nonprecedential order “remov[ing] this case from the March 5, 2021 oral argument calendar and [holding] the case in abeyance for 60 days.” Here is the full text of the court’s order.

This week, the Federal Circuit issued its opinion in Euzebio v. McDonough, a veterans case we have been following because it attracted two amicus briefs. Judge Wallach authored a unanimous panel opinion reversing and remanding a decision by the Court of Appeals for Veterans Claims that certain materials were not constructively before the Board of Veterans’ Appeals. This is our opinion summary.