This morning the Federal Circuit released four precedential opinions and three nonprecedential opinions. The first precedential opinion comes in a trade case and affirms in part, vacates in part, and remands the case to the Court of International Trade. Notably, Judge Stark concurred in part and dissenting in part from the majority’s judgment. The second precedential opinion comes in a case challenging a final rule of the Department of Veterans Affairs that changed how the VA pays for noncontract ground and air ambulance transports for eligible beneficiaries. The Federal Circuit set aside the final rule. The third precedential opinion comes in a patent case. In this third case the Federal Circuit affirmed a judgment of the District of Delaware over challenges to two of the lower court’s claim constructions. The fourth precedential opinion comes in a case dismissed by the Court of Appeals for Veterans Claims for lack of jurisdiction. All three of the nonprecedential opinions come in pro se appeals. Here are the introductions to the opinions.
Opinions & Orders – November 10, 2021
This morning the Federal Circuit issued a precedential opinion in a patent case appealed from the Patent Trial and Appeal Board and two nonprecedential opinions in employment cases appealed from the Merit Systems Protection Board. The court also issued two nonprecedential orders. In the first order, the court denied a petition for a writ of mandamus seeking to vacate an order transferring a patent case from the District of Colorado to the Western District of Texas. In the second order, the court granted a petition for a writ of mandamus directing the Western District of Texas to transfer a patent case. Finally, the Federal Circuit released three Rule 36 judgments. Here are the introductions to the opinions and orders and links to the Rule 36 judgments.