FedCircuitBlog

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 new briefing in a patent case and recent oral arguments in a trademark case, a veterans case, and a takings case. Here are the details.

Earlier this month, the Federal Circuit heard oral argument in City of Fresno v. United States. In this case, the Federal Circuit is reviewing a judgment of the Court of Federal Claims, which ruled on cross-motions for summary judgment related to breach of contract and Fifth Amendment takings claims. The plaintiffs argue on appeal that the trial court erred both in concluding that the contractual water rights in question were subordinate to the rights of others during a drought and by dismissing takings claims for lack of standing. Judges Moore, Clevenger, and Stark heard the argument. This is our argument recap. 

As we have been reporting this week, three cases being argued in December at the Federal Circuit attracted amicus briefs. One of those cases is City of Fresno v. United States. In this case, the Federal Circuit will review a judgment by the Court of Federal Claims ruling on cross-motions for summary judgment related to breach of contract and Fifth Amendment takings claims. The plaintiffs argue on appeal that the trial court erred both in concluding that the contractual water rights in question were subordinate to the rights of others during a drought and by dismissing takings claims for lack of standing. This is our argument preview.