FedCircuitBlog

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

• a blog post discussing a recent Federal Circuit decision that “provides a lesson into the importance of carefully drafting—and understanding—the scope of licensing terms, especially covenants not to sue”; and
• an article about how a “Federal Circuit Court of Appeals panel . . . denied an Oklahoma landowner’s bid to overturn a lower court’s ruling that the federal government isn’t liable for flooding damage to her property due to activity at a nearby Cherokee Nation casino.”

This morning and late Friday, the Federal Circuit released one precedential opinion, two nonprecedential opinions, and three nonprecedential orders. They precedential opinion addresses a pro se appeal from an arbitrator’s decision regarding termination from the Federal Bureau of Prisons. One of the nonprecedential opinions addresses an appeal from a final decision of the Armed Services Board of Contract Appeals. The other nonprecedential opinion addresses an appeal from a final written decision of the Patent Trial and Appeal Board. The three orders are dismissals. Here are the introductions to the opinions and links to the dismissals.

This week is Court Week at the Federal Circuit. In total, the court will convene 14 panels to consider 64 cases. Of these 64 cases, the court will hear oral arguments in 50. The Federal Circuit is providing access to live audio of these arguments via the Federal Circuit’s YouTube channel. This month, five cases scheduled for oral argument attracted amicus briefs. Here’s what you need to know about these five cases.

As we’ve been reporting, five cases being argued in March at the Federal Circuit attracted amicus briefs. One of these cases is Ireland v. United States. In it, the Federal Circuit will review a decision by the Western District of Texas to grant a motion to dismiss for failure to state a claim in an unemployment benefits case under the Little Tucker Act. This is our argument preview.

This morning, the Federal Circuit released one precedential opinion, one nonprecedential order, and one dismissal. The precedential opinion addresses an appeal from a judgment of the Court of Federal Claims in case involving claims under the Tucker Act. The nonprecedential order dismisses a case for lack of jurisdiction. Here are the introductions to the opinion and order.

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

• an article discussing “what’s at stake in pending Federal Circuit design patent case”;
• an article highlighting a recent notice by the USPTO published in the Federal Register “providing updated guidance for agency decision-makers on proper determinations of obviousness under the U.S. Supreme Court’s 2007 ruling in KSR International Co. v. Teleflex Inc.”; and
• an article about how “[t]he Federal Circuit reversed a district court judge’s dismissal of a breach-of-contract lawsuit against MasterCard International Inc. over a licensing agreement the company entered with patent owner AlexSam Inc.”

As we have been reporting, five cases being argued in March at the Federal Circuit attracted amicus briefs. One of these cases is Lemon Bay Cove LLC v. United States. In it, the Federal Circuit will review a judgment of the Court of Federal Claims, which held that the denial of a wetland permit by the United States Army Corps of Engineers was not a categorical taking or regulatory taking of Lemon Bay’s land. This is our argument preview.

Happy Leap Day! This morning, the Federal Circuit released one nonprecedential opinion. The opinion addresses an appeal from a judgment of the Court of Federal Claims, which dismissed a Fifth Amendment takings claim.  Here is the introduction to the opinion.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, there is no new activity to report since our last update. With respect to petitions, two new petitions were filed in two pro se cases. Additionally, a brief in opposition was filed in a patent case and three amicus briefs were filed in a veterans case. Here are the details.

As we reported yesterday, five cases being argued in March at the Federal Circuit attracted amicus briefs. One of these cases is Frantzis v. McDonough. In it, the Federal Circuit will review a determination by the Court of Veteran Claims that, under the Veterans Appeals Improvement and Modernization Act, a claimant is not entitled to an opportunity for a Board hearing before the Board member who ultimately decides the administrative appeal. This is our argument preview.