FedCircuitBlog

This morning, the Federal Circuit released two precedential opinions, the first addressing jurisdiction in a veteran’s case and the second addressing entitlement to attorneys’ fees and expenses under the Equal Access to Justice Act. The court also released a nonprecedential opinion addressing entitlement to annuities by eligible survivors of U.S. military personnel. Finally, the court also dismissed a case. Here are the introductions to the opinion and a link to the dismissal.

The Federal Circuit heard oral argument earlier this month in Jenkins v. United States, a takings case that attracted two amicus briefs. In this case, the Federal Circuit is reviewing a determination by a district court that Jenkins is not entitled to compensation for the loss of his vehicles seized during a criminal investigation. Judges Lourie, Dyk, and Stark heard the oral argument. This is our argument recap.

This morning the Federal Circuit released two precedential opinions in trade and government contracts cases along with three nonprecedential opinions in patent and trade cases. The court also released a nonprecedential opinion transferring an appeal to the Second Circuit along with a dismissal. Here are the introductions to the opinions and order and a link to the dismissal.

The Federal Circuit heard oral argument earlier this month in Solar Energy Industries Association v. United States, a trade case that attracted an amicus brief. In this case, the Federal Circuit is reviewing a determination by the by the Court of International Trade that the “President’s authority to modify a safeguard measure under 19 U.S.C. § 2254(b)(1)(B) is limited solely to ‘trade-liberalizing’ modifications, and that Proclamation 10101 thus went beyond the President’s statutory authority.” Judges Lourie, Taranto, and Stark heard the oral argument. This is our argument recap.

Today the Federal Circuit released two nonprecedential opinions and three nonprecedential orders. The first opinion affirms a judgment of the Patent Trial and Appeal Board, and the second affirms a judgment of the Western District of Texas in a patent case. Two of the orders transfer appeals, and one dismisses an appeal. Here are the introductions to the opinions and orders and a link to the dismissal.

The Federal Circuit heard oral argument earlier this month in Gorge Design Group LLC v. Xuansheng, a patent case that attracted an amicus brief. In this case, the Federal Circuit reviewed a determination by a district court that Gorge’s claims against NeoMagic were not frivolous and that NeoMagic was not entitled to its attorneys’ fees. Judges Taranto, Clevenger, and Hughes heard the oral argument. This is our argument recap.

Late yesterday and this morning, the Federal Circuit released a nonprecedential opinion in a veterans case and four nonprecedential orders dismissing or summarily affirming dismissals of cases. Here are the introductions to the opinions and orders.

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

• an article about how the Federal Circuit’s investigation into Judge Newman’s health “faces an uncertain path . . . since the process is rarely invoked and presents legal questions that haven’t been tested in court”;
• a second article about the standard for inter partes review estoppel;
• a third article about a Delaware court ruling “that a patent covering a way of designing virtual environments reflected ‘a non-abstract technological improvement.’”

This morning, the Federal Circuit released two precedential opinions. In the first opinion, the court affirmed a judgment of the Court of Appeals for Veterans Claims. In the second, the Federal Circuit affirmed a judgment of the International Trade Commission in a patent case. Here are the introductions to the opinions.

This morning, the Federal Circuit released a precedential opinion and a nonprecedential order. In the opinion, the court affirmed a judgment of the District of New Jersey in a patent case. In the order, the Federal Circuit dismissed an appeal. Here is the introduction to the opinion and a link to the dismissal.