FedCircuitBlog

This morning, the Federal Circuit issued a nonprecedential opinion in a case appealed from the Merit Systems Protection Board, two nonprecedential opinions in pro se patent cases, and a nonprecedential opinion in a taking cases. The court also issued an erratum and a Rule 36 summary affirmance. Here are the introductions to the opinions and links to the erratum and summary affirmance.

This morning, the Federal Circuit released a nonprecedential opinion in a patent infringement case and five summary affirmances under Federal Circuit Rule 36. Here is the introduction to the opinion and a list of the summary affirmances.

This past Monday the court heard oral argument in Mobility Workx, LLC v. Unified Patents, LLC, an appeal from the Patent Trial and Appeal Board that we have been following because it attracted an amicus brief. On appeal, Mobility Workx presents several arguments that inter partes review violates the Constitution. In particular, Mobility Workx argues that inter partes review violates its right to due process and qualifies as a taking under the Fifth Amendment. Judges Newman, Schall, and Dyk heard Monday’s argument. This is our argument recap.

This morning, the Federal Circuit issued five opinions: a precedential opinion in a patent case; two nonprecedential opinions involving the same appellant challenging separate decisions of the Merit Systems Protection Board; a nonprecedential opinion in a veterans case; and a nonprecedential opinion in an employment law case challenging an arbitrator’s decision. Here are the introductions of the opinions.

This morning, the Federal Circuit released a nonprecedential opinion affirming a judgment by the Patent Trial and Appeal Board in an inter partes review proceeding. The court also released a nonprecedential order denying a petition for a writ of mandamus in a patent infringement case in which the parties disputed whether settlement agreements were discoverable or privileged. Finally, the court released a Rule 36 summary affirmance. Here are introductions to the opinions and a link to the summary affirmance.

Yesterday, the Federal Circuit heard oral argument in Buffington v. McDonough, a case presenting the question of whether the Secretary of Veterans Affairs exceeded his statutory authority when promulgating a regulation related to the timing of resumption of disability benefits payments following a period of active military service. Judges Lourie, Moore, and O’Malley heard the argument. This is our argument recap.

This morning, the Federal Circuit issued a precedential opinion in a pro se tax dispute decided by the Court of Federal Claims. Over a dissent by Judge Newman, the court affirmed both a dismissal of the case and a denial of a motion for leave to amend the underlying complaint. Here are the introductions to the opinions.

This week is Court Week at the Federal Circuit. The court will continue to hear oral arguments telephonically given the coronavirus pandemic, and again this month the court is providing access to live audio of each panel scheduled for argument via the court’s YouTube channel. In total, the court will convene 15 panels to consider 65 cases. Of these 65 cases, the court will hear oral arguments in 47, and three cases attracted amicus briefs: one a veterans case, one a patent case, and one a case challenging the Merit Systems Protection Board. Here’s what you need to know about these three cases.

The Federal Circuit issued nine opinions and orders this morning:

• The court issued a precedential opinion in a veterans law case, affirming the upholding of a denial of an earlier effecting date for a service-connected disability over a dissent by Judge Newman.
• The court issued two orders and a precedential opinion in another veterans law case on remand from the Supreme Court. The first order granted panel rehearing, the panel withdrew and replaced its original opinion with a new precedential opinion, and the second order denied rehearing en banc. The new panel opinion declined to apply Auer deference to a Department of Veterans Affairs regulation and affirmed a decision of the Veterans Court, which in turn had affirmed a decision by the Board of Veterans’ Appeals denying an earlier effective date for a service-connected disability. Judge Reyna dissented. Notably, the order denying rehearing en banc elicited five separate concurring and dissenting opinions.
• The court issued a related nonprecedential order and precedential opinion in a trade case. The order unsealed the opinion, which affirmed the Court of International Trade’s decision to affirm the Department of Commerce’s antidumping duty order covering carbon and certain alloy steel wire rod from Mexico.
• The court issued two nonprecedential opinions affirming the Court of Federal Claims in two government contract appeals involving the same parties.
• The court issued a Rule 36 summary affirmance in case appealed from the Northern District of California.

Here are the introductions to the opinions, text from the orders, and a link to the Rule 36 judgment.

• Lin Names Sebela Ireland Ltd. v. Prinston Pharmaceutical Inc. as the Case of the Week – In his weekly summary of Federal Circuit activity, Eric Lin named Sebela Ireland Ltd. v. Prinston Pharmaceutical Inc. as his case of the week.
• Spotlight on Upcoming Oral Arguments – May 2021 – Kaitlyn Pehrson summarizes upcoming oral arguments that will occur in the first week of May.
• Welcome To The Next Era of The Federal Circuit – Dani Kass provides an informative overview of how the makeup of the Federal Circuit will change in the near future.

Here’s the latest.