Opinions

Opinions & Orders – April 12, 2024

This morning, the Federal Circuit released one precedential opinion, one nonprecedential opinion, one precedential order, and three nonprecedential orders. The precedential opinion addresses an appeal from judgments arising out of a bench trial in the Western District of Louisiana in a patent case.  The nonprecedential opinion affirms a decision by the Patent Trial and Appeal Board finding certain claims unpatentable for obviousness. The precedential order, which attracted amicus attention and a dissent joined by four judges, denies a sua sponte request for rehearing en banc. Two of the orders transfer cases, and one dismisses a set of appeals. Here are the introductions to the opinions, selected text from the precedential order and transfers, and link to the dismissal.

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Opinions

Opinions & Orders – March 26, 2024

This morning, the Federal Circuit released one precedential opinion and two nonprecedential orders. The opinion addresses a dispute over the application of the Equal Pay Act and an employer’s reliance on prior compensation to justify gender pay discrepancy. The orders are dismissals. Here is the introduction to the opinion and links to the dismissals.

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Argument Recap

Argument Recap – Boyer v. United States

Earlier this month, the Federal Circuit heard oral argument in Boyer v. United States. In this case, the Federal Circuit is reviewing a decision by the Court of Federal Claims to grant the government’s motion for summary judgment of a pay discrimination claim under the Equal Pay Act. The appeal relates primarily to the plaintiff’s argument that the trial court incorrectly relied only on salary history to establish its affirmative defense. Judges Dyk, Chen, and Stoll heard the parties’ arguments. This is our argument recap. 

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Court Week

Court Week – November 2023 – What You Need to Know

This week is Court Week at the Federal Circuit. In total, the court will convene nine panels to consider 47 cases. Of these 47 cases, the court will hear oral arguments in 30. The Federal Circuit is providing access to live audio of these arguments via the Federal Circuit’s YouTube channel. This month, one case attracted an amicus brief. Here’s what you need to know about that case.

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Panel Activity

Update on Important Panel Activity

Here is an 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 one new Equal Pay Act case, the filing of new briefs in two patent cases, and the filing of new amicus briefs in another patent case. Here are the details.

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Argument Preview

Argument Preview – Boyer v. United States

One case being argued in November at the Federal Circuit attracted an amicus brief. In this case, Boyer v. United States, the Federal Circuit will review a decision by the Court of Federal Claims granting the government’s motion for summary judgment and denying the plaintiff’s motion for summary judgment. Both motions related to a pay discrimination claim under the Equal Pay Act, and the appeal relates primarily to the plaintiff’s argument that the trial court relied only on salary history to establish an affirmative defense. This is our argument preview.

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