Argument Recap / Panel Activity

Argument Recap – Monk v. Wilkie

Yesterday, the Federal Circuit heard oral argument in Monk v. Wilkie, a veterans case we have been following because it attracted four amicus briefs. This case presents three issues: (1) Did the Court of Appeals for Veterans Claims misinterpret 38 U.S.C. § 7261(a)(2) in holding that a five-year delay in deciding a disabled veteran’s administrative appeal does not amount to an unreasonable delay; (2) Did the CAVC misinterpret and misapply the Fifth Amendment Due Process Clause in holding that such a five-year delay does not violate the veteran’s due process rights; and (3) Did the CAVC misinterpret the mootness standard in dismissing certain claims. This is our argument recap.

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Argument Recap / Panel Activity

Argument Recap – Veterans4You LLC v. United States

Yesterday, the Federal Circuit heard oral argument in Veterans4You LLC v. United States, a case we have been following because it attracted an amicus brief. In this case, Veterans4You asserts that the Department of Veterans Affairs wrongly invoked the “printing mandate” in 44 U.S.C. § 501 to route a VA procurement through the Government Publishing Office, which in turn violated the “Rule of Two” statutory preference for veteran-owned small businesses. This is our argument recap.

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Argument Preview / Panel Activity

Argument Preview – Euzebio v. Wilkie

The fourth case being argued next week at the Federal Circuit that attracted amicus briefs is Euzebio v. Wilkie. In this case, the court will consider three issues related to veterans law: (1) whether “[t]he Veterans Court’s ‘direct relationship’ requirement is an erroneous legal standard for determining what facts are before the Board because it excludes relevant matters that are known or should be known to the Board;” (2) whether “the Veterans Court erred in holding that it lacks the legal authority to look at relevant facts known to the agency for purposes of reviewing the Board’s decision;” and (3) whether “the Veterans Court misinterpreted the scope of VA’s duty to assist when it affirmed VA’s failure to develop the record with relevant facts concededly known to the agency.” This is our argument preview.

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Argument Preview / Panel Activity

Argument Preview – Monk v. Wilkie

The third of four cases being argued next week at the Federal Circuit that attracted amicus briefs is Monk v. Wilkie. In this case, the court will consider three issues related to veterans law: (1) Did the Court of Appeals for Veterans Claims misinterpret 38 U.S.C. § 7261(a)(2) in holding that a five-year delay in deciding a disabled veteran’s administrative appeal does not amount to an unreasonable delay; (2) Did the CAVC misinterpret and misapply the Fifth Amendment Due Process Clause in holding that such a five-year delay does not violate the veteran’s due process rights; and (3) Did the CAVC misinterpret the mootness standard in dismissing certain Appellants’ claims. This is our argument preview.

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Argument Preview / Panel Activity

Argument Preview – Boeing Co. v. Secretary of the Air Force

As we mentioned yesterday, four cases being argued next week at the Federal Circuit attracted amicus briefs. The second case we are previewing is Boeing Co. v. Secretary of the Air Force. In this case, the court will consider whether the Armed Services Board of Contract Appeals erred in holding that the Defense Federal Acquisition Regulation Supplement 252.227-7013 precludes government contractors from marking technical data delivered to the Government in a certain way. In particular, Boeing argues it should be permitted to mark technical data in a way that (a) recognizes the Government’s unlimited rights in the data, (b) does not restrict or impair the Government’s rights, and (c) restricts only the rights of third parties to use the data absent permission from the contractor or the Government. This is our argument preview.

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Opinions / Panel Activity

Opinion Summary – Monk v. Wilkie

Last week, the Federal Circuit issued its opinion in Monk v. Wilkie, a veterans case we have been tracking because it attracted five amicus briefs. The panel comprised of Judges Newman, Lourie, and Reyna unanimously affirmed a decision by the Court of Appeals for Veterans Claims that the petitioners in this case did not meet the commonality requirement for class certification. Judge Newman wrote the opinion, and Judge Reyna provided additional views in a separate opinion. Here is a summary of the opinions.  

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Argument Preview / Panel Activity

Argument Preview – Veterans4You LLC v. United States

Four cases being argued next week at the Federal Circuit attracted amicus briefs. One is Veterans4You LLC v. United States. In this case, Veterans4You asserts that the VA wrongly invoked the “printing mandate” in 44 U.S.C. § 501 to route a Department of Veterans Affairs (“VA”) procurement through the Government Publishing Office (“GPO”). Veterans4You contends this approach resulted in a violated of the “Rule of Two,” a statutory preference for veteran-owned small businesses or service-disabled veteran-owned small businesses. Veterans4You argues that the decision by the Court of Federal Claims upholding the VA’s action should be reversed. This is our argument preview.

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Panel Activity

Update on Important Panel Activity

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 three dispositions in patent cases addressing estoppel related to inter partes review, anticipation, and induced infringement; new briefing in another patent case related to standing; one recent oral argument in a patent case addressing personal jurisdiction; and four upcoming oral arguments in veterans and government contracts cases.

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Opinions / Panel Activity

Opinion Summary – GlaxoSmithKline LLC v. Teva Pharmaceuticals USA, Inc.

On Friday, the Federal Circuit issued its opinion in GlaxoSmithKline LLC v. Teva Pharmaceuticals USA, Inc., a case we have been tracking because it attracted three amicus briefs. Judge Newman authored the majority opinion, which Judge Moore joined. Judges Newman and Moore vacated a district court’s judgment as a matter of law and remanded the case with instructions to reinstate a jury verdict of induced infringement in favor of GlaxoSMithKline based on indications of use in labels applied by Teva, a generic drug manufacturer. Chief Judge Prost filed a thirty-three page dissenting opinion, taking the majority to task for “creating infringement liability for any generic entering the market with a [so-called] skinny label, and by permitting infringement liability for a broader label that itself did not actually cause any direct infringement.” Here is a summary of the majority and dissenting opinions.

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Opinions / Panel Activity

Opinion Summary – Network-1 Technologies, Inc. v. Hewlett-Packard Company

Yesterday, the Federal Circuit issued its opinion in Network-1 Technologies, Inc. v. Hewlett-Packard Company, a case we have been tracking because it attracted an amicus brief. In the opinion, a panel of the court composed of Judges Prost, Newman, and Bryson unanimously affirmed-in-part and reversed-in-part a district court’s construction of claim terms. The court also vacated the district court’s granting of JMOL based on estoppel due to a previous inter partes review proceeding. Finally, the court affirmed the district court’s judgment that the asserted claims were not improperly broadened. Based on its holdings, the court remanded the case back to the district court. Here is a summary of the opinion.

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