FedCircuitBlog

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. This week the Court granted certiorari in a veterans case that raises questions regarding equitable tolling and retroactive disability benefits. The Court also requested the Solicitor General file a brief expressing the views of the United States in a patent case raising a question regarding standing to challenge the validity of patents. Additionally, three new petitions were filed with the Court: two in cases appealing decisions from the Merit Systems Protection Board and one in a patent case. Moreover, one amicus brief was submitted in a patent case; three briefs in opposition were filed in trade, employment, and veterans cases; one waiver of right to respond was filed in a patent case; three petitions were denied; and one petition was dismissed. 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. As for still-pending petitions, three new petitions were filed: one in a patent case raising questions related to eligible subject matter and two filed by pro se petitioners. Waivers of right to respond were filed in two cases: the patent case already mentioned raising questions related to eligible subject matter and another patent case also concerning eligibility. Finally, a brief in opposition was filed in a patent case that raises a question regarding the appealability of a discretionary denial of inter partes review. 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, since our last update there is no new activity to report. With respect to petitions, two new petitions have been filed, both in patent cases. In addition, five amicus briefs were submitted in a case presenting a challenge to the Chevron doctrine. Also, the government waived its right right to respond in 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 the Supreme Court’s October 2021 term, since our last update the Court has not granted any new petitions. Two new petitions, however, have since been filed: one in a patent case concerning patent eligibility and one filed by a pro se petitioner. Additionally, Apple filed a reply in support of a petition raising a question related to standing in patent appeals. Finally, two waivers of right to respond to petitions were filed in patent cases. Here are the details.

As we previously reported, two weeks ago today the Supreme Court granted a petition for certiorari in a veterans case decided by the Federal Circuit, George v. McDonough. The petitioner asked the Court to clarify the scope of clear and unmistakeable error with regard to cases involving veterans whose benefits have been wrongly withheld based on an incorrect interpretation of a statute. Notably, this is the only case this term in which the Supreme Court has decided to hear arguments in a case decided by the Federal Circuit. Here are more details about the case.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to the Supreme Court’s October 2021 term, since our last update the Court has not granted any new petitions. Three new petitions, however, have since been filed: two in patent cases and one filed by a pro se petitioner. Additionally, a waiver of right to respond to one of the three new petitions was filed, and a brief in opposition was filed in a case that raises a question regarding Article III standing in a series of patent appeals. 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 the Supreme Court’s October 2021 term, the Court granted certiorari in a veterans case. The Court also requested the Solicitor General to file a brief expressing the views of the United States in a patent case. No new petitions were filed, but one amicus brief was submitted in support of a petition in a patent case and a waiver of right to respond was filed in a pro se case. Additionally, the Court denied four petitions: two in patent cases and two in 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 the Supreme Court’s October 2021 term, the Court still has not granted any petitions to hear any case decided by the Federal Circuit. As for still-pending petitions, one new petition was filed in a veterans case challenging the Federal Circuit’s alleged failure to apply the pro-veteran canon of statutory interpretation. Additionally, a petitioner filed a reply in support of its petition, which raised questions relating to the application of equitable tolling for recovering retroactive disability benefits. Moreover, since our last update, one waiver of right to respond was filed in a patent case. Lastly, the Supreme Court denied four petitions: two in patent cases, one in a veterans case, and one filed by a pro se petitioner. 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 the Supreme Court’s October 2021 term, since our last update the Court has not granted certiorari in any cases decided by the Federal Circuit. Three new petitions, however, have been filed with the Supreme Court: two in patent cases and one in a pro se case. Moreover, nine amicus briefs across three cases have been filed. Additionally, four waivers of right to respond, two briefs in opposition, and three replies have been filed. 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 the Supreme Court’s October 2021 term, the Court granted certiorari in a patent case, but notably it did so only to vacate the Federal Circuit’s judgment and remand the case for further consideration of an alleged Appointments Clause violation. Other than that, since our last post one reply in support of a petition has been filed in a veterans case and a waiver of right to respond has been filed in a patent case. Additionally, the Court denied two petitions in cases involving takings claims. Here are the details.