FedCircuitBlog

This morning the Supreme Court issued its opinion in Harrow v. Department of Defense, one of two cases decided by the Federal Circuit that the Supreme Court is reviewing during its current term. In this case, the Court reviewed the Federal Circuit’s holding that the deadline for a federal employee to appeal an adverse judgment of the Merit Systems Protection Board is jurisdictional. Vacating the judgment of the Federal Circuit, the Supreme Court today held that the deadline is not jurisdictional. The Court, however, did not reach the question of whether, as a result, equitable tolling is available, instead remanding the case for the Federal Circuit to rule on that issue. Here is the introduction to the Court’s opinion. We will provide an opinion summary next week.

Earlier this month, the Federal Circuit heard oral argument in ACLR, LLC v. United States, a government contract case that attracted an amicus brief. In this case, the Federal Circuit will review a judgment of the Court of Federal Claims, which granted the government’s motion for summary judgment. The panel included Judges Prost, Hughes, and Stark. This is our argument recap.

This morning the Federal Circuit released one precedential opinion, one nonprecedential opinion, and three nonprecedential orders. The precedential opinion reverses a judgment of the U.S. Court of International Trade concerning the scope of an antidumping duty order. Notably, Judge Chen dissented. The nonprecedential opinion affirms the denial of a petition for a writ of mandamus by the Court of Appeals for Veterans Claims. The orders are all dismissals. Here are the introductions to the opinions and links to the dismissals.

Earlier this month, the Federal Circuit heard oral argument in Regents of the University of California v. Broad Institute, Inc., a patent case that attracted an amicus brief. In this case, the Federal Circuit is reviewing a judgment of the Patent Trial and Appeal Board in an interference proceeding concerning competing patent applications related to using the CRISPR-Cas9 gene-editing system in eukaryotic (e.g., plant or animal) cells. Judges Reyna, Hughes, and Cunningham heard the argument. This is our argument recap.

This morning the Federal Circuit released one precedential opinion and two nonprecedential orders. The precedential opinion dismisses for lack of jurisdiction an appeal of a district court’s denial of a motion to dismiss in a patent case. The nonprecedential orders grant summary affirmances under Rule 36. Here are the introductions to the opinions and links to the summary affirmances.

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

• a news release discussing how Federal Circuit Judge Richard Linn has been “selected to receive the prestigious 2024 American Inns of Court Professionalism Award for the Federal Circuit”; and
• an article highlighting a pending case at the Federal Circuit in which the court will review a judgment of the Patent Trial and Appeal Board in an interference proceeding concerning competing patent applications related to the CRISPR-Cas9 gene-editing system.

This morning the Federal Circuit released one nonprecedential opinion and five summary affirmances. The nonprecedential opinion affirms a judgment of the Merit Systems Protection Board, which ruled that the Navy did not violate a veteran’s veteran-preference rights. The five summary affirmances are nonprecedential orders affirming decisions under Rule 36. Here are the introductions to the opinions and links to the summary affirmances.

This morning the Federal Circuit announced that on Tuesday, May 14 its Clerk’s Office and Circuit Library will be closed. Here is the full text of the announcement.

This morning the Federal Circuit released one precedential opinion, four nonprecedential opinions, and two summary affirmances. The precedential opinion reverses and remands a judgment of the Court of Federal Claims in a case involving an application for attorneys’ fees under the Equal Access to Justice Act. Two of the nonprecedential opinions affirm the Merit Systems Protection Board, another dismisses an appeal from a judgment of the Court of Appeals for Veterans Claims, and the fourth affirms an anti-filing injunction entered by the District of Delaware in a patent case. The Federal Circuit also released two nonprecedential orders summarily affirming under Rule 36. Here are the introductions to the opinions and links to the orders.

This morning the Federal Circuit announced that tomorrow it will discontinue its online live chat feature on its public website. Here’s the full text of today’s announcement.