Featured / Supreme Court Activity

Supreme Court Grants Review in Merit Systems Protection Board Case

Last week, the Supreme Court granted petition for certiorari in Harrow v. Department of Defense. In this case, the petitioner asked the Court to consider whether the deadline to file a petition for the Federal Circuit to review a decision of the Merit Systems Protection Board is jurisdictional. This matters because, as it stands, the Federal Circuit has concluded that the deadline is jurisdictional and, as a result, not subject to equitable tolling. Here are the details.

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Opinions

Opinions & Orders – December 12, 2023

Today the Federal Circuit released three nonprecedential opinions, one in a patent case appealed from the Patent Trial and Appeal Board and two in pro se cases. The court also released two nonprecedential orders, one granting a motion to withdraw a petition and one dismissing an appeal. Here are the introductions to the opinions and first order and a link to the second order.

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En Banc Activity

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. Highlights include the filing of a reply brief filed in the only pending en banc case, a design patent case addressing the non-obviousness requirement; the filing of a new petition for rehearing in another patent case; and the denial of a petition for rehearing in a case raising a question about venue. Here are the details.

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Opinions

Opinions & Orders – December 11, 2023

Today the Federal Circuit released a precedential opinion in a government contract case and a nonprecedential opinion in a pro se case. The court also released two nonprecedential orders granting summary affirmances. Here are the introductions to the opinions and links to the orders.

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Opinions

Opinions & Orders – December 8, 2023

Today the Federal Circuit released four nonprecedential opinion in pro se cases. The court also released three nonprecedential orders. One affirms a dismissal in a pro se case, one grants a summary affirmance, and one grants a dismissal. Here are the introductions to the opinions, the introduction to the order affirming the dismissal, and links to the other orders.

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Opinions

Opinions & Orders – December 7, 2023

This morning, the Federal Circuit released a precedential opinion in a patent case and six nonprecedential opinions in pro se cases. The court also released five nonprecedential orders: five summary affirm appeals and one grants a dismissal. Here are the introductions to the opinions and links to the orders.

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Opinions

Opinions & Orders – December 6, 2023

This morning, the Federal Circuit released one precedential opinion in a trade case appealed from the Court of International Trade and four nonprecedential opinions in pro se cases. The Federal Circuit also released four nonprecedential orders, three granting summary affirmances and one dismissing an appeal. Here are the introductions to the opinions and links to the orders.

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Opinions

Opinions & Orders – December 5, 2023

This morning, the Federal Circuit released two nonprecedential opinions, one nonprecedential order granting a summary affirmance, and two nonprecedential orders dismissing appeals. The opinions come in a case appealed from the Trademark Trial and Appeal Board and a case appealed from the Merit Systems Protection Board, respectively. Here are the introductions to the opinions and links to the summary affirmance and dismissals.

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Opinions

Opinions & Orders – December 4, 2023

This morning, the Federal Circuit released two precedential opinions in a trade case and a patent case, a nonprecedential order denying a petition for a writ of mandamus seeking to order a district court to vacate an order to produce certain documents, and three nonprecedential orders dismissing appeals. Here are the introductions to the opinions and the order denying the petition and links to the dismissals.

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Court Week / Panel Activity

Court Week – December 2023 – What You Need to Know

This week is Court Week at the Federal Circuit. In total, the court will convene 14 panels to consider 77 cases. Of these 77 cases, the court will hear oral arguments in 51. The Federal Circuit is providing access to live audio of these arguments via the Federal Circuit’s YouTube channel. This month, three cases attracted amicus briefs. Here’s what you need to know about these three cases.

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