FedCircuitBlog

In December, the Federal Circuit heard oral argument in Wolfe v. McDonough. We have been following this veterans case because it attracted three amicus briefs in support of the plaintiff-appellee, Wolfe. On appeal, the Secretary of Veterans Affairs asks the Federal Circuit to reverse the Court of Appeals for Veterans Claims, which “granted a petition for a writ of mandamus filed by Wolfe on behalf of a class of claimants to invalidate 38 C.F.R. § 17.1005(a)(5) and require [the Department of Veterans Affairs] to readjudicate and grant claims for reimbursement of coinsurance and deductibles.” Judges Dyk, Reyna, and Stoll heard last week’s argument. This is our argument recap.

This morning the Federal Circuit issued two precedential opinions in cases appealed from the Court of Federal Claims. The first opinion comes in a case addressing whether a petitioner could recover for injuries occurring after a vaccination. The second opinion comes in a tax refund suit and addresses the subject matter jurisdiction of the Court of Federal Claims and the timeliness of the suit. Here are the introductions to the opinions.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received a new petition raising questions related to the written description requirement. The court also received a new response to a different petition also raising a question related to the written description requirement. In addition, the court denied a petition for hearing en banc raising a question related to the Federal Circuit’s jurisdiction to hear appeals from denials of petitions for inter partes review. Here are the details.

In December, the Federal Circuit heard oral argument in Cross v. Office of Personnel Management, an appeal from the Merit Systems Protection Board. We have been following this death benefit case because it attracted an amicus brief. On appeal, Cross asks the Federal Circuit to reverse a decision of the Merits Systems Protection Board regarding the denial of survivor benefits. In particular, the petitioner is claiming survivor benefits as a surviving former spouse when her deceased former husband failed affirmatively to re-elect her survivor benefits during the few months between their divorce and his death. Judges Moore, Schall, and Stoll heard last Wednesday’s argument. This is our argument recap.

This morning the Federal Circuit issued two Rule 36 judgments. The court also issued an erratum for the precedential opinion the court released yesterday. Here are the links to the Rule 36 judgments and the erratum.   

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

• an article discussing the Federal Circuit’s recent announcement that “January oral arguments will be conducted by phone”;
• another article detailing the Federal Circuit’s recent “switch back to remote oral arguments amid the omicron spike”;
• yet another article discussing “six bid protest decisions worthy of note”; and
• a blog post analyzing the Patent Trial and Appeal Board’s determination of certain patent claims as “unpatentable as either anticipated or obvious.”

This morning the Federal Circuit released a “Notice of Updated Clerk’s Office Filing and Practice Resources.” Here is the text of today’s announcement, with links to updated electronic filing procedures, an updated guide to oral argument, and an updated guide for unrepresented parties.

This morning the Federal Circuit issued a precedential opinion in a patent case appealed from the District of Delaware. The opinion addresses whether the district court erred in finding that a patent did not fail patent law’s written description requirement. Notably, Chief Judge Moore filed a dissenting opinion. Here are the introductions to the opinion and dissent.

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.

This morning the Federal Circuit released a precedential opinion in a government contract case. Notably, Judge Newman dissented, but without an opinion. Here is the introduction to the majority’s opinion.