FedCircuitBlog

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted petitions, the petitioner filed his reply brief in Soto v. United States, a veterans case. With respect to pending petitions, one new petition was filed in a government contract case; a waiver of the right to respond was filed in a takings case; a brief in opposition was filed in a patent case; and an amicus brief was filed in the same takings case. In addition, the Court denied petitions in two patent cases and five pro se cases. Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted petitions, oral argument in Soto v. United States will take place later this month. With respect to pending petitions, one new petition was filed in a patent case. The Court also received a waiver of the right to respond to the petition in that patent case, along with a reply brief in another patent case. Here are the details.

On April 28, the Supreme Court will hear oral argument in Soto v. United States, a veterans case. The Court granted review to consider whether a statutory provision governing Combat-Related Special Compensation, 10 U.S.C. § 1413a, provides a settlement mechanism that displaces the default procedures and limitations set forth in the Barring Act. According to the Federal Circuit, “the Barring Act applies to settlement claims” regarding Combat-Related Special Compensation. As for why, it indicated “the CRSC statute does not explicitly provide its own settlement mechanism.” It then held that “the six-year statute of limitations contained in the Barring Act applies to CRSC settlement claims.” Soto challenges these findings by arguing that the Barring Act does not apply to CRSC settlement claims. This is our argument preview.

Here is an update on recent activity at the Supreme Court. With respect to granted cases, the respondent’s merits brief was filed in Soto v. United States, a veterans case. While no new petitions were filed, one new reply in support of a petition was filed in Celanese International Corp. v. International Trade Commission, a patent case addressing the on-sale bar. Here are the details.

Here is an update on recent activity at the Supreme Court. With respect to granted cases, there is no new activity to report. While no new petitions were filed, waivers of the right to respond were filed in a patent case and a pro se case. Additionally, the Court denied a petition in another pro se case. Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, there is no new activity to report. With respect to petitions, new petitions were filed in a takings case and a pro se case. The Court also received waivers of the right to respond in five pro se cases; briefs in opposition in two patent cases; a supplemental brief in a case addressing Federal Circuit Rule 36; and two new amicus briefs in a patent case. In addition, the Court denied petitions in two patent cases and two cases addressing Rule 36. Here are the details.

Last week the Supreme Court issued its opinion in Bufkin v. Collins, a veterans case. In this case, the Supreme Court reviewed the Federal Circuit’s conclusion that the Veterans Court did not err by “tak[ing] due account” of the Department of Veterans Affair’s application of the benefit-of-the-doubt rule and applying a clear error standard of review for factual issues. In a decision authored by Justice Thomas, the Supreme Court affirmed the Federal Circuit’s ruling. The Court held that the Veterans Court reviews the VA’s application of the benefit-of-the-doubt rule by reviewing legal issues de novo and factual issues for clear error, and that the VA’s determination that the evidence is in approximate balance is a predominantly factual determination reviewed only for clear error. Notably, Justice Jackson dissented, joined by Justice Gorsuch. This is our opinion summary.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, the Supreme Court issued an opinion in Bufkin v. Collins, a veterans case. Additionally, an opening merits brief and three amicus briefs in support of the petitioner were submitted in Soto v. United States, another veterans case. With respect to petitions, one new petition was filed in a patent case, and two new petitions were filed in pro se cases; a brief in opposition was filed in a patent case; two replies in support of petitions were filed in a patent case and a case related to Federal Circuit Rule 36; and two amicus briefs were filed in a patent case. In addition, the Court denied petitions in a patent case, a trade case, and a pro se case. Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, there is no new activity to report. With respect to petitions, new petitions were filed in three patent cases and three pro se cases. The Court also received a waiver of the right to respond in one of those patent cases and an amicus brief in another patent case. In addition, the Court denied petitions in two patent cases and two pro se cases. Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, there is no new activity to report. With respect to petitions, one new petition was filed in a patent case presenting questions related to enablement of prior art. The Court also received a brief in opposition in a patent case presenting a question related to the use of Federal Circuit Rule 36 in appeals from decisions of the Patent Trial and Appeal Board, a reply in support of a petition in a trade case, and an amicus brief in another patent case addressing alleged improper application of Federal Rule of Civil Procedure 56. Here are the details.