This morning the Federal Circuit released one precedential opinion, four nonprecedential opinions, and two summary affirmances. The precedential opinion reverses and remands a judgment of the Court of Federal Claims in a case involving an application for attorneys’ fees under the Equal Access to Justice Act. Two of the nonprecedential opinions affirm the Merit Systems Protection Board, another dismisses an appeal from a judgment of the Court of Appeals for Veterans Claims, and the fourth affirms an anti-filing injunction entered by the District of Delaware in a patent case. The Federal Circuit also released two nonprecedential orders summarily affirming under Rule 36. Here are the introductions to the opinions and links to the orders.
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 Supreme Court heard arguments this week in George v. McDonough, a case addressing veterans law. While no new petitions have been filed, the Court invited the Solicitor General to file a brief expressing the views of the United States in a case concerning patent law’s enablement requirement. Additionally, two waivers of right to respond and a reply brief were filed in other patent cases. Moreover, two amicus briefs were submitted this past week: one in a patent case raising questions related to enhanced damages and one in a veterans case involving the Equal Access to Justice Act. Finally, the Court denied certiorari in two cases brought by pro se petitioners. Here are the details.
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. Furthermore, no new petitions have been filed. That said, the government filed two waivers of right to respond; a petitioner filed a reply in a case raising a question related to the jurisdiction of the Court of Federal Claims; and the Court denied certiorari in five cases: two in cases appealed from the Merit Systems Protection Board, one in a trade case, one in a patent case, and one in a case filed by a pro se petitioner. Here are the details.
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, six amicus briefs were filed in George v. McDonough, a case raising a question related to clear and unmistakable error in the context of review of denials of veterans’ claims for benefits. As for still-pending petitions, one new petition was filed by a pro se petitioner; two amicus briefs were filed in a case related to patent eligibility, including a brief filed by a former Federal Circuit judge; and two reply briefs were filed: one in a veterans case and one in a trade case. Finally, four waivers of right to respond were filed and the Court denied a petition in a case concerning patent eligibility. Here are the details.
Opinions & Orders – November 17, 2021
This morning the Federal Circuit issued a precedential opinion in a government contract case appealed from the Court of Federal Claims. The court also issued five nonprecedential opinions. The first comes in a government contract case appealed from the Court of Federal Claims. The second comes in a veterans case appealed from the Court of Appeals for Veterans Claims. The third and fourth come in employment cases appealed from the Merit Systems Protection Board. And the fifth comes in a patent case appealed from the Western District of North Carolina. Finally, the court issued a nonprecedential order denying a petition for a writ of mandamus against the Court of Appeals for Veterans Claims. Here are the introductions to the opinions and order.