En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. In a pending en banc case raising questions related to whether on-the-job exposure to the recent novel coronavirus entitled federal correctional officers to additional pay pursuant to various federal statutes, the court received two amicus briefs in support of the officers. The court also received a new petition in a patent case raising a question related to assignor estoppel. Here are the details.

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En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. In a pending en banc case, the appellant filed his opening en banc brief. In it, he argues on-the-job exposure to the recent novel coronavirus entitled federal correctional officers to additional pay pursuant to various federal statutes. Here are the details.

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En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. The court sua sponte granted en banc consideration in a case appealed from the Court of Federal Claims. In another pending en banc veterans case, the veteran filed his en banc response brief, and the Federal Circuit scheduled the case for oral argument in October. The court also received a new petition raising questions related to the court’s grant of a petition for a writ of mandamus to order transfer of a patent case from the Western District of Texas to the Northern District of California. Here are the details.

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Opinions

Opinions & Orders – June 28, 2022

This morning the Federal Circuit released two precedential opinions. The first comes in a veterans case appealed from the Court of Appeals for Veterans Claims; the second comes in a case appealed from the Western District of Wisconsin and reverses a contempt finding based on an alleged violation of protective order. Notably, in the second case, Judge Reyna filed a dissent. The Federal Circuit also released a precedential order sua sponte granting en banc consideration to a case appealed from the Court of Federal Claims. The Federal Circuit released a nonprecedential opinion in a trade case appealed from the Court of International Trade and three nonprecedential orders denying petitions for a writ of mandamus, denying a petition for a writ of control, and granting a motion for a summary affirmance. Here are the introductions to the opinions and text from the orders.

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Petitions / Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, the Court set a date for oral argument in Arellano v. McDonough, a veterans case raising questions about equitable tolling of a veterans benefits filing deadline. With respect to petition cases, two new petitions were filed in patent cases; a waiver of right to respond was filed in a veterans case; three amicus briefs were filed in another veterans case; and the Court denied two petitions, one in a patent case and one in a federal employment case. Here are the details.

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Opinions

Opinions & Orders – June 9, 2022

This morning the Federal Circuit released a precedential opinion in a trade case appealed from the Court of International Trade. Notably, Judge Chen filed an opinion with additional views expressing concern that the majority decided a prior case and the case at issue incorrectly under Supreme Court precedent. The Federal Circuit also released three nonprecedential opinions in veterans cases appealed from the Court of Appeals for Veterans Claims. Finally, the Federal Circuit released a nonprecedential order, a Rule 36 judgment, and an erratum. Here are the introductions to the opinions, text from the order, and links to the Rule 36 judgment and erratum.

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Petitions / Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to cases with pending petitions, one new petition was filed by a pro se petitioner; the government filed a waiver of right to respond in another case submitted by a pro se petitioner; and another pro se petitioner submitted his reply brief. Finally, the government submitted the views of the United States in two patent cases: one raising questions about eligibility and another raising a question about standing. Here are the details.

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Petitions / Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, the petitioner filed his opening merits brief in Arellano v. McDonough, a case that raises questions regarding equitable tolling and retroactive disability benefits. As for cases with pending petitions, one new petition was filed in a veterans case; following a Supreme Court request in January, the government submitted the view of the United States in a patent case that raises a question related to the intersection of the Seventh Amendment and claim construction on appeal; and a brief in opposition was filed in an employment case concerning differential pay for federal employees serving on active duty. Finally, the Court denied petitions in three patent cases.

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Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, since our last update there is no new activity to report. With respect to petitions, three new petitions have been filed: one in an Equal Access to Justice Act case and two in patent cases raising questions related to eligibility and enhanced damages; members of Congress filed an amicus brief in an employment law case that involves interpretation of the Reservists Pay Security Act; the government submitted a brief in opposition in a case concerning the Tucker Act and another brief in opposition was filed in a patent case addressing the non-obviousness requirement; the government waived its right to respond in a pro se case; and the Court denied review in four cases. Here are the details.

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Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. This week the Court granted certiorari in a veterans case that raises questions regarding equitable tolling and retroactive disability benefits. The Court also requested the Solicitor General file a brief expressing the views of the United States in a patent case raising a question regarding standing to challenge the validity of patents. Additionally, three new petitions were filed with the Court: two in cases appealing decisions from the Merit Systems Protection Board and one in a patent case. Moreover, one amicus brief was submitted in a patent case; three briefs in opposition were filed in trade, employment, and veterans cases; one waiver of right to respond was filed in a patent case; three petitions were denied; and one petition was dismissed. Here are the details.

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