FedCircuitBlog

In December, the court heard oral argument in Military-Veterans Advocacy, Inc. v. Secretary of Veterans Affairs, a case arising from the Department of Veterans Affairs. We have been following this case because it attracted two amicus briefs in support of the petitioner, Military-Veterans Advocacy, Inc. MVA challenges a denial of rulemaking by the Secretary of Veterans Affairs that would have sought to extend the presumption of herbicide exposure to veterans who served on Guam from January 9, 1962, through December 31, 1980; Johnston Island from January 1, 1972, until September 30, 1977; and American Samoa. Judges Newman, Prost, Cunningham heard last month’s argument. This is our argument recap.

This morning the Federal Circuit issued a Rule 36 judgment in a case appealed from the Northern District of California. Here is the link to the Rule 36 judgment.

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

• an article analyzing cases and an emerging trend regarding how “the [Patent Trial and Appeal] Board is only the first hurdle in what is a long game for patent owners”;
• a blog post detailing how the “Supreme Court and Judicial Conference consider[ed] Judge Albright’s problematic patent court”;
• another blog post evaluating the “Federal Circuit’s PTAB appeals statistics through November 30, 2021”; and
• another article explaining how the Federal Circuit “rejected arguments the U.S. Army’s improper handling of [a government contract] award prejudiced it.”

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.