FedCircuitBlog

Here is the first of two updates this week 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 a new patent case in which the court, due to a motion to expedite, heard oral argument recently. Additionally, we highlight new briefings in two patent cases as well as four recent opinions. Here are the details.

The Federal Circuit recently issued its opinion in Behrens v. United States, a takings case we have been following because it attracted amicus briefs. In the case, the Behrens appealed a determination by the Court of Federal Claims that the Behrens were not entitled to compensation because the scope of an easement was broad enough to encompass railbanking and the construction of a hiking and biking trail. In an opinion authored by Judge Dyk and joined by Judges Taranto and Hughes, the Federal Circuit reversed the judgment of the Court of Federal Claims and remanded the case. This is our opinion summary.

This morning the Federal Circuit released three precedential opinions. The first comes in a takings case appealed from the Court of Federal Claims. In it, the Federal Circuit reversed the Claims Court’s finding that the property interests at issue were easements. The second comes in patent case appealed from the Western District of Wisconsin. In it, the Federal Circuit reversed the district court’s construction of a specific term, vacated the district court’s grant of summary judgment with respect to one patent, and affirm the district court’s grant of summary judgment with respect to another patent. The third comes in a patent case appealed from the District of Delaware. In it, the Federal Circuit affirmed the district court’s finding of lack of eligibility. The Federal Circuit also released a nonprecedential opinion in a patent case appealed from Patent Trial and Appeal Board. Finally, the Federal Circuit released a nonprecedential order dismissing an appeal.

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 two new cases, one with an upcoming oral argument. Additionally, we highlight an opinion in a patent case, a patent case with a new brief, and argument recaps for three cases that were heard in October. Here are the details.

Last week, the Federal Circuit heard oral argument in Behrens v. United States, which involves a claim that the federal government is liable for taking land for public use through the National Trails System Act. In this case, the Behrens appealed a determination by the Court of Federal Claims that the plaintiffs were not entitled to compensation because the scope of the easement in question was broad enough to encompass railbanking and the construction of a hiking and biking trail. Judges Dyk, Taranto, and Hughes heard the oral argument. This is our argument recap.

This week is Court Week at the Federal Circuit, with hearings starting tomorrow and extending to next Monday. As the court previously announced, some of this week’s arguments will take place in Philadelphia. Regardless of where the arguments take place—Philadelphia or Washington D.C.—the Federal Circuit is providing access to live audio of each panel scheduled for argument via the Federal Circuit’s YouTube channel. In total, the court will convene thirteen panels to consider 65 cases. Of these 65 cases, the court will hear oral arguments in 45. And of these argued cases, three cases attracted amicus briefs. Here’s what you need to know about these three cases.

One case being argued in November at the Federal Circuit attracted two amicus briefs. That case is Behrens v. United States, which concerns a claim the federal government was liable for taking land for public use through the National Trails System Act. Specifically, in this case, the Federal Circuit will review the determination by the Court of Federal Claims that the plaintiffs were not entitled to compensation because the scope of the easement in question was broad enough to encompass railbanking and the construction of a hiking and biking trail. This is our argument preview.

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 an opinion in a takings case, two patent cases with new briefing, one patent case in which one of three appellants voluntarily dismissed its appeal, and three cases (two takings cases and one government contracts case) with upcoming oral arguments. Here are the details.