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, an opening merits brief was submitted in Harrow v. Department of Defense, a case concerning the Merit Systems Protection Board. With respect to petitions, three new petitions were filed with the Court in one patent case and two pro se cases, a reply brief was filed in a patent case, and the Court denied certiorari in a veterans case. Here are the details.

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Opinions

Opinions & Orders – December 20, 2023

This morning, the Federal Circuit released one precedential opinion, two nonprecedential opinions, and seven nonprecedential orders. The precedential opinion addresses an appeal from an arbitration regarding removal from a government agency. Both of the nonprecedential opinions come in patent cases. One addresses a rejection of patent claims as ineligible and obvious. The other addresses an appeal from a final written decision of the Patent Trial and Appeal Board in an inter partes review, which found the claims at issue unpatentable. Six of the orders are dismissals and the seventh remands a case to the Court of Federal Claims. Here are the introductions to the opinions, selected text from the remand order, and links to the dismissals.   

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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. Last week, the Supreme Court granted a petition for certiorari in a case concerning the Merit Systems Protection Board. With respect to petitions, three new petitions were filed with the Court in two patent cases and one pro se case. Additionally, six waivers of right to respond, three briefs in opposition, and two reply briefs were filed with the Court. Finally, the Supreme Court denied certiorari in a patent case and two pro se cases. Here are the details.

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Featured / Supreme Court Activity

Supreme Court Grants Review in Merit Systems Protection Board Case

Last week, the Supreme Court granted petition for certiorari in Harrow v. Department of Defense. In this case, the petitioner asked the Court to consider whether the deadline to file a petition for the Federal Circuit to review a decision of the Merit Systems Protection Board is jurisdictional. This matters because, as it stands, the Federal Circuit has concluded that the deadline is jurisdictional and, as a result, not subject to equitable tolling. 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 arguments next week in Vidal v. Elster, a trademark case. With respect to petitions, one new petition was filed with the Court in a patent case. Additionally, a waiver of right to respond was filed in the same patent case, and a reply brief was filed in support of a petition asking the Court to consider whether the deadline to file a petition to review a decision of the Merit Systems Protection Board is jurisdictional. Here are the details.

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Opinions

Opinions & Orders – October 18, 2023

This morning, the Federal Circuit released one precedential opinion, two nonprecedential opinions, and six nonprecedential orders. The precedential opinion, which earned a dissent from Judge Reyna, addresses an appeal of a judgment of the Trademark Trial and Appeal Board cancelling registration of a trademark. One of the nonprecedential opinions addresses an appeal from a judgment of noninfringement of a patent by a district court, while the other addresses an appeal from a judgment of a district court dismissing a patent infringement claim due to claim preclusion. Two of the orders transfer cases, one denies a motion for writs of mandamus for various relief, and three dismiss appeals. Here are the introductions to the opinions, selected text from orders, and links to the dismissals.

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Opinions

Opinions & Orders – October 13, 2023

This morning, the Federal Circuit released one precedential opinion, three nonprecedential opinions, and six nonprecedential orders. The precedential opinion, which inspired an opinion concurring in part and dissenting in part, vacates a district court’s judgment of invalidity in a patent case. One nonprecedential opinion addresses subject matter jurisdiction; another addresses an appeal from a Patent Trial and Appeal Board decision finding certain claims unpatentable as obvious or as anticipated; and the third also addresses a patent appeal regarding obviousness. One order grants a motion to remand a case to the Merit Systems Protection Board, two orders deny petitions for writs of mandamus, and one order transfers an appeal to the United States Court of Appeals for the Sixth Circuit. Finally, two orders dismiss appeals. Here are the introductions to the opinions, selected text from orders, and links to the dismissals.

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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 government’s reply brief was filed in Vidal v. Elster, a trademark case concerning the First Amendment. With respect to pending petitions, one new petition was filed with the Court in a pro se case, a waiver of right to respond was filed in another pro se case, and a brief in opposition was filed in response to a petition asking the Court to consider whether the deadline to file a petition to review a decision of the Merit Systems Protection Board is jurisdictional. In addition, the Court denied the petitions in two employment cases, two veterans cases, a patent case, and a pro se case, and the Court also dismissed the petitions in four pro se cases. Here are the details.

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Opinions

Opinions & Orders – October 5, 2023

This morning, the Federal Circuit released two nonprecedential opinions and four nonprecedential orders. Both opinions address jurisdictional issues. One order transfers a case to an Illinois district court, one order dismisses a case, and two are Rule 36 judgments. Here are the introductions to the opinions, text from the order transferring a case, and links to the Rule 36 judgments and dismissal.

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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, there is no new activity to report since our last update. With respect to petitions, one new petition was filed asking the Court to consider whether the deadline to file a petition to review a decision of the Merit Systems Protection Board is jurisdictional. Here are the details.

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