Earlier this month, the Federal Circuit heard oral argument in Bee v. United States, a case we have been following because it attracted two amicus briefs. In this case, William Bee appeals the denial of his request to have his military records reflect medical retirement rather than voluntary separation. Judges Reyna, Clevenger, and Chen heard the oral argument. This is our argument recap.
Opinions & Orders – February 18, 2026
Late yesterday, the Federal Circuit released a nonprecedential order dismissing an appeal. This morning, the court released four nonprecedential opinions and two nonprecedential orders dismissing appeals. Two of the opinions come in appeals of decisions of the Patent Trial and Appeal Board involving the same parties; the other two opinions come in pro se appeals of decisions of the Patent Trial and Appeal Board also involving the same parties. Here are the introductions to the opinions and links to the dismissals.
Recent En Banc Activity
Here is an update on recent en banc activity at the Federal Circuit. Since our last update, the Federal Circuit denied two petitions for en banc rehearing in patent cases that raised questions related to claim construction and the Administrative Procedure Act. The Federal Circuit also invited a response to a petition raising questions about unfair competition claims under the Lanham Act. Here are the details.
Argument Recap – Ligado Networks LLC v. United States
Earlier this month, the Federal Circuit Court heard oral argument in Ligado Networks LLC v. United States, a takings case we have been following because it attracted two amicus briefs. In this case, the United States appeals a decision of the Court of Federal Claims, arguing it erred by exercising jurisdiction over the case and treating a license from the Federal Communications Commission as property under the takings clause. Chief Judge Moore, Judge Taranto, and Judge Stoll heard the oral argument. This is our argument recap.
Opinions & Orders – February 17, 2026
This morning, the Federal Circuit released two precedential opinions and two nonprecedential orders. One of the opinions comes in a patent infringement case; the other comes in an appeal of a judgment of the Court of International Trade in a trade case. One of the orders grants the government’s motion for a summary affirmance in an appeal of final judgment of the Court of Federal Claims; the other is a dismissal. Here are the introductions to the opinions and first order and a link to the dismissal.
Recent News on the Federal Circuit
Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today we highlight:
- an article reporting how “President Donald Trump . . . tapped one of his White House lawyers to fill a vacancy on the U.S. Court of International Trade, a federal court that could prove pivotal in deciding tariff refunds if the Supreme Court strikes down some of the president’s duties”;
- an article discussing how the Supreme Court put President Trump’s tariff case “on a fast track at the administration’s urging” but doesn’t “seem in a rush to rule on the president’s signature economic program”;
- an article observing how, in late 2025, “the USPTO announced the creation” of a working group related to standard essential patents in “the latest effort of the USPTO to strengthen the ability of patent holders . . . to enforce their patent rights, including through injunctive relief”; and
- an article describing how “Apple Inc. couldn’t convince the Federal Circuit to block the U.S. Patent and Trademark Office from implementing changes that make it harder to challenge the validity of patents.”
Argument Recap – Dougherty Electric, Inc. v. United States
Earlier this month, the Federal Circuit heard oral argument in a tax case, Dougherty Electric, Inc. v. United States. In this case, Dougherty Electric appeals a dismissal by the Court of Federal Claims of a refund suit for lack of subject matter jurisdiction. Judges Lourie, Prost, and Taranto heard the oral argument. This is our argument recap.
Opinions & Orders – February 16, 2026
Happy President’s Day! As a result of the holiday, the Federal Circuit did not release any new opinions or orders this morning on its website.
Update on Important Panel Activity
Here is an update on activity in cases pending before panels of the Federal Circuit where the cases have attracted at least one amicus brief. We keep track of these cases in the “Other Cases” section of our blog. Today, with respect to these cases, we highlight three recent opinions, four recent orders, and one new case. Here are the details.
Opinions & Orders – February 13, 2026
This morning, the Federal Circuit released two precedential opinions. One of the opinions comes in a patent cases addressing claim construction. The other also comes in a patent case, this one challenging instructions the Director of the Patent and Trademark Office had given to the Patent Trial and Appeal Board related to its authority to decline petitions for inter partes review. The court also released three nonprecedential opinions. The first comes in an appeal of a decision of the Patent Trial and Appeal Board; the second comes in a patent infringement case and addresses an award of enhanced damages; and the third comes in a pro se appeal of a decision of the Court of Federal Claims. The Federal Circuit also released nine nonprecedential orders. Three transfer matters; three dismiss appeals; one remands a case; and two deny petitions for writs of mandamus. Finally, the court also released a Rule 36 judgment. Here are the introductions to the opinions and orders other than dismissals, along with links to the dismissals and Rule 36 judgment.
