Opinions / Panel Activity

Opinion Summary – In re DISH Network L.L.C.

On August 13, the Federal Circuit issued another order denying a petition for a writ of mandamus, this one in In re DISH Network L.L.C., another case we have been following because it attracted an amicus brief. While the court denied the petition, the court noted that “the district court here erred in relying on DISH’s general presence in Western Texas without tying that presence to the events underlying the suit.” As a result, the court stated it is “confident the district court will reconsider its determination in light of the appropriate legal standard and precedent on its own.” Also, notably, Judge Reyna wrote a concurring opinion in this case. Here is a summary of the case, the order, and the concurring opinion. 

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Opinions / Panel Activity

Opinion Summary – In re Google LLC

On August 4, the Federal Circuit also issued an order denying a petition for a writ of mandamus in In re Google LLC, another case we have been following because it attracted an amicus brief. As in In re Apple Inc., the court denied the petition. The court held that “Google has not made a clear and indisputable showing that transfer was required.” The court reasoned it was not “prepared on mandamus to disturb those factual findings” of the district court. Here is a summary of the case and the order. 

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Opinions / Panel Activity

Opinion Summary – In re Apple Inc.

Recently, the Federal Circuit denied three petitions for writs of mandamus seeking to order the Western District of Texas to transfer cases. We have been following these cases because they attracted amicus briefs. This afternoon we will post three updates summarizing the court’s orders. Up first is in In re Apple Inc. On August 4, the Federal Circuit issued an order in this case denying a petition for a writ of mandamus. Judge Reyna authored the order, indicating on behalf of himself and Judges Chen and Stoll that “we cannot say that Apple has shown entitlement to this extraordinary relief.” Here is a summary of the case and the order. 

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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 six dispositions, one new case, one case with new briefing, and one oral argument recap. Here are the details.

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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 one disposition in a veterans law case, two oral argument recaps in a patent case and a veterans law case, four new patent cases, a patent case with new briefing, and four upcoming oral arguments in related Tucker Act cases. Here are the details.

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Panel Activity

Argument Recap – Kannuu Pty Ltd. v. Samsung Electronics Co.

This past Thursday, the court heard oral argument in Kannuu Pty Ltd. v. Samsung Electronics Co., an appeal from the United States District Court for the Southern District of New York. We have been following the case because it attracted amicus briefs. On appeal, Kannuu argues that inter partes review proceedings brought by Samsung should have been enjoined due to a forum selection clause in a contract among the parties. Kannuu contends that the district court erroneously denied its related motion for a preliminary injunction. The arguments regarding the forum selection clause in the parties’ contract attracted dueling amicus briefs. Judges Newman, Prost, and Chen heard Thursday’s argument. This is our argument recap.

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Panel Activity

Opinion Summary – Rudisill v. McDonough

Last week the Federal Circuit issued its opinion in Rudisill v. McDonough, a veterans case we have been following because it attracted an amicus brief. In this case, the Federal Circuit quoted the Court of Appeals for Veterans Claims as explaining that “‘the precise question the Court must answer in this appeal is: how does the law treat a veteran who qualifies for the Montgomery GI Bill under one period of service and the Post-9/11 GI Bill under an entirely separate qualifying period or periods of service?’” At the Federal Circuit, Judge Newman authored a majority opinion affirming the decision of the United States Court of Appeals for Veterans Claims, which disagreed with the Board of Veterans Appeals on this question. The panel held that “each period of service earns education benefits, subject to its cap of 48 aggregate months of benefits.” Judge Dyk concurred in part and dissented in part, disagreeing with the panel’s holding regarding education benefits. This is our opinion summary.

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Panel Activity

Argument Recap – Larson v. McDonough

This past Tuesday the court heard oral argument in Larson v. McDonough, an appeal from the Court of Appeals for Veterans Claims we have been following because it attracted an amicus brief. On appeal, Larson asks the Federal Circuit to overrule what he characterizes as the Veterans Court’s prohibition of reviewing Board of Veterans Appeals decisions regarding the Department of Veterans Affairs Schedule of Disabilities. Judges Newman, Reyna, and Hughes heard Tuesday’s argument. This is our argument recap.

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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, two upcoming oral arguments, and one case with new briefing. Here are the details.

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Argument Preview / Panel Activity

Argument Preview – Kannuu Pty Ltd. v. Samsung Electronics Co.

One patent case being argued next week, Kannuu Pty Ltd. v. Samsung Electronics Co., attracted amicus briefs. In this case, Kannuu appeals an adverse decision in the United States District Court for the Southern District of New York. On appeal, Kannuu argues that inter partes review proceedings brought by Samsung should have been enjoined due to a forum selection clause in a contractual agreement among the parties. Kannuu contends that the district court erroneously denied its related motion for a preliminary injunction. The arguments regarding the forum selection clause in the parties’ contract attracted dueling amicus briefs. This is our argument preview.

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