Opinions

Opinions & Orders – April 8, 2024

This morning, the Federal Circuit released one precedential opinion, six nonprecedential opinions, three dismissals, and two Rule 36 summary affirmances. The precedential opinion addresses an appeal from a dismissal by the Court of International Trade for lack of subject matter jurisdiction. Three of the nonprecedential opinions dismiss appeals from the Court of Appeals for Veterans Claims—two for lack of jurisdiction and one for lack of a final judgment. Another two of the nonprecedential opinions affirm judgments of the Merit Systems Protection Board. The last nonprecedential opinion addresses an appeal and cross-appeal from a judgment of the International Trade Commission, which found that a collection of imported products infringed certain patents, but also found certain redesigns not to infringe. Here are the introductions to the opinions and links to the dismissals and summary affirmances.

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Petitions / Supreme Court Activity

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 last week in a case originating at the Merit Systems Protection Board, Harrow v. Department of Defense. While no new petitions were filed with the Court, a waiver of right to respond was filed in a pro se case and two reply briefs were filed in a patent case and in a veterans case. Additionally, the Court denied petitions in a patent case and a pro se case. Here are the details.

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Argument Recap / Supreme Court Activity

Argument Recap – Harrow v. Department of Defense

This past Monday, the Supreme Court heard oral argument in Harrow v. Department of Defense. In this case, the Court is reviewing the Federal Circuit’s dismissal of an appeal from a judgment of the Merit Systems Protection Board. In particular, the Supreme Court will consider whether the statutory deadline to file an appeal from the MSPB is jurisdictional. This is our argument recap. 

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Petitions / Supreme Court Activity

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 oral argument this week in a case originating at the Merit Systems Protection Board, Harrow v. Department of Defense. With respect to petitions, one new petition was filed in a design patent case, a brief in opposition was filed in a veterans case, and the Court denied a petition in a pro se case. Here are the details.

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Petitions / Supreme Court Activity

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 will hear oral argument next week in Harrow v. Department of Defense, a case concerning the Merit Systems Protection Board and whether a filing deadline is jurisdictional. With respect to petitions, two new petitions were filed in a patent case and a pro se case, a waiver of right to respond was filed in a pro se case, two briefs in opposition were filed in a patent case and in a veterans case, and an amicus brief was filed in a Merit Systems Protection Board case. Finally, the Court denied petitions in a pro se case and in a patent case. Here are the details.

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Argument Preview / Supreme Court Activity

Argument Preview – Harrow v. Department of Defense

On Monday, March 25, the Supreme Court will hear oral argument in Harrow v. Department of Defense. In this case, the Court will review the Federal Circuit’s resolution of an appeal from a judgment of the Merit Systems Protection Board. In particular, the Supreme Court will consider whether the statutory deadline to file an appeal from the MSPB is jurisdictional. The statutory provision in question is 5 U.S.C. § 7703(b)(1)(A). This is our argument preview.

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Petitions / Supreme Court Activity

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 petitioner’s reply brief was filed in Harrow v. Department of Defense, a case concerning the Merit Systems Protection Board and whether a filing deadline is jurisdictional or allows for equitable tolling. With respect to petitions, one new petition was filed with the Court in a pro se case and a waiver of right to respond was filed in another pro se case. Here are the details.

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Petitions / Supreme Court Activity

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, a merits brief was filed in Harrow v. Department of Defense, a case concerning the Merit Systems Protection Board and whether a filing deadline is jurisdictional or allows for equitable tolling. With respect to petitions, three new petitions were filed with the Court in three other Merit Systems Protection Board cases, a brief in opposition was filed in a patent case, and an amicus brief was filed in another patent case. Here are the details.

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Petitions / Supreme Court Activity

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 Court set a date for oral argument in Harrow v. Department of Defense. With respect to petitions, new petitions were filed in two patent cases and waivers of right to respond were filed in a patent case and a pro se case. Here are the details.

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Petitions / Supreme Court Activity

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, five amicus briefs were submitted in Harrow v. Department of Defense, a case concerning the Merit Systems Protection Board. With respect to petitions, two new petitions were filed with the Court in a veterans case and a patent case, and four waivers of right to respond were filed in four pro se cases. Here are the details.

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