FedCircuitBlog

Here is this month’s update on activity in cases pending before panels of the Federal Circuit where the cases involve 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 several new opinions issued, relating to takings, trade, patents, and trademarks. Also, there was one principal and response brief filed in a patent case and two new reply briefs filed in two other patent cases. There were no new cases pending before panels of the Federal Circuit that attracted at least one amicus brief. Here are the details.

On May 5, the Federal Circuit issued its opinion in ATS Ford Drive Investment, LLC v. United States, a case originally decided by the Court of Federal Claims. In this takings case, the Federal Circuit reviewed questions related to rails-to-trails conversion, whether the lower court erred when it refused to certify a question to the Indiana Supreme Court and when it held that right-of-way and damage-release forms landowners signed in the 1840s and 1850s granted a railroad title to fee simple estates in a strip of land used for a railway line. Judge Cunningham authored the the Federal Circuit’s opinion, which described why the court affirmed the lower court’s judgment. Judges Stoll and Lourie joined Judge Cunningham’s opinion. This is our opinion summary.  

Late Friday the Federal Circuit released three nonprecedential orders dismissing appeals. Today the Federal Circuit released two precedential opinions. One comes in a veterans case. The other comes in a rails-to-trails takings case. Here are the introductions to the opinions and links to the dismissals.

Last week, the Federal Circuit heard oral argument in ATS Ford Drive Investment, LLC v. United States, a takings case that attracted an amicus brief. In it, the Federal Circuit is reviewing a judgment of the Court of Federal Claims, which granted a motion for summary judgment in favor of the government. Judges Lourie, Stoll, and Cunningham heard the argument. This is our argument recap.

This week is Court Week at the Federal Circuit. The court will convene 13 panels to hear 63 cases. Of the 63 cases, the court will hear oral argument in 41 cases. The Federal Circuit provides access to live audio of these arguments via the Federal Circuit’s YouTube channel. This month, three cases scheduled for oral argument attracted amicus briefs. Here’s what you need to know about these three cases.

As we have highlighted, three cases scheduled to be argued in November at the Federal Circuit attracted amicus briefs. One of those cases is ATS Ford Drive Investment, LLC v. United States, a case involving a taking claim. In this case, ATS Ford Drive Investment appeals a judgment of the Court of Federal Claims, which granted a motion for summary judgment in favor of the government. This is our argument preview.

Here is an update on activity in cases pending before panels of the Federal Circuit where the case involves 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 one new opinion in a case raising a question related to se advertising counterclaims under the Lanham Act; two new cases, one a takings case and another a patent case; and new briefing in a case raising questions related to whether a district court erred in denying a motion to intervene and to unseal court records. Here are the details.