FedCircuitBlog

Late yesterday and this morning the Federal Circuit issued a nonprecedential order dismissing a case for failure to file a required motion and two summary affirmances. Here is the text of the order and a list of the summary affirmances.

Last month, the court heard oral argument in LaBonte v. United States, a veterans case where LaBonte is challenging a “Court of Federal Claims decision that military correction boards established under 10 U.S.C. § 1552 may not grant disability retirement to service members whose ‘Certificate of Release or Discharge From Active Duty,’ a standard separation document known as a ‘DD-214’ form, contains reference to a court martial.” Two amicus briefs were filed in support of the plaintiff-appellant, LaBonte, one by Military Law Practitioners and another a joint brief by the National Veterans Legal Services Program and Protect Our Defenders. Judges Chen, Schall, and Stoll heard the argument. This is our argument recap.

This morning the Federal Circuit issued a nonprecedential opinion in a government contract case appealed from the Armed Services Board of Contract Appeals. Here is the introduction to the opinion.

Last month, the court heard oral argument in Centripetal Networks, Inc. v. Cisco Systems, Inc., in which Cisco appeals a finding that it infringed four patents held by Centripetal Networks, resulting in a judgement of over $2.75 billion. An amicus brief was filed by High Tech Inventors Alliance in support of Cisco. Before oral argument, the Federal Circuit issued an order limiting the scope of the oral argument to “the question whether the judgment should be vacated because the district court judge was required to recuse himself from the matter under 28 U.S.C. § 455.” Judges Dyk, Taranto, and Cunningham heard the argument. This is our argument recap.

This week is Court Week at the Federal Circuit, and here’s what you need to know. The court will convene 10 panels to consider about 48 cases. Notably, none of this week’s cases attracted amicus briefs. Of the 48 cases, the court will hear oral arguments in 35. Here is a list of this week’s cases.

This morning the Federal Circuit released two precedential opinions in patent cases. The first comes in an appeal from the Patent Trial and Appeal Board, and the court vacates and remands the Board’s decision over a dissent by Judge Reyna. The second comes in an appeal and cross-appeal from a district court decision, and the court affirms-in-part, reverses-in-part, and vacates-in-part. Here are the introductions to the opinions.

Earlier this month, the court heard oral argument in Skaar v. McDonough, in which McDonough, the Director of Veterans Affairs, appeals a decision by the Court of Appeals for Veterans Claims certifying a class action of veterans. Skaar cross-appeals to argue the court misinterpreted equitable tolling and waiver standards to exclude from the certified class veterans who had not timely appealed past agency decisions. Amicus briefs in support of Skaar were filed by the National Veterans Legal Services Program and 15 Administrative Law, Civil Procedure, and Federal Courts Professors. Judges Moore, Newman, and Hughes heard the argument. This is our argument recap.

Same as yesterday, the Federal Circuit did not release any opinions or orders today on its website.

The Federal Circuit did not release any opinions or orders today on its website.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received a new petition raising a question related to collateral estoppel between patent infringement actions and determinations of the Patent Trial and Appeal Board. The court also invited a response to a petition raising a question related to the scope of usable prior art in inter partes review proceedings. Here are the details.