Opinions

Opinions & Orders – April 15, 2024

This morning, the Federal Circuit released one precedential opinion and two nonprecedential orders. The opinion reverses and remands a judgment if the Court of Federal Claims, finding that the court relied upon a legally erroneous construction of “surgical intervention” in addressing a claim under the National Childhood Vaccine Injury Act. One of the orders transfers an appeal. The other dismisses an appeal. Here is the introduction to the opinion, selected text from the transfer order, and a link to the dismissal.

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Opinions

Opinions & Orders – March 26, 2024

This morning, the Federal Circuit released one precedential opinion and two nonprecedential orders. The opinion addresses a dispute over the application of the Equal Pay Act and an employer’s reliance on prior compensation to justify gender pay discrepancy. The orders are dismissals. Here is the introduction to the opinion and links to the dismissals.

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Opinions

Opinions & Orders – March 6, 2024

This morning, the Federal Circuit released two precedential opinions, three nonprecedential opinions, three nonprecedential orders, and six Rule 36 summary affirmances. One of the precedential opinions addresses an appeal from a judgment of the Civilian Board of Contract Appeals. The other precedential opinion addresses an appeal from a district court judgment in a patent case and addresses indefiniteness. Two of the three nonprecedential opinions affirm judgments of the Patent Trial and Appeal Board. The third nonprecedential opinion affirms a judgment of the Court of Federal Claims in a pro se case. The orders are dismissals. Here are the introductions to the opinions and links to the dismissals and summary affirmances.

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Opinions

Opinions & Orders – January 3, 2024

This morning, the Federal Circuit released two precedential opinions and one nonprecedential opinion. One of the precedential opinions addresses an appeal from a denial of a preliminary injunction in a patent dispute. The other precedential opinion addresses a dispute over whether a certain fuel mixture may qualify as “alternative fuel” for tax credit purposes. The nonprecedential opinion affirms a decision of the Merit Systems Protection Board. Here are the introductions to the opinions.

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Opinions

Opinions & Orders – December 13, 2023

Today, the Federal Circuit released a precedential opinion affirming a Special Master in a vaccine case over a dissent by Judge Mayer and three nonprecedential opinions in a patent case, a Merit Systems Protection Board case, and a veterans case. The court also released a nonprecedential order transferring two appeals and another nonprecedential order dismissing an appeal. Here are the introductions to the opinions and transfer order along with a link to the dismissal.

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Opinions

Opinions & Orders – November 1, 2023

This morning, the Federal Circuit released one precedential opinion, one nonprecedential opinion, and one nonprecedential order. The precedential opinion addresses a challenge to a claim construction order in a patent case. The nonprecedential opinion reviews a judgment of the Merit Systems Protection Board relating to alleged retaliatory action for whistleblowing, and the court’s judgment sparked a vigorous dissent by Judge Newman. Finally, the order is a dismissal. Here are the introductions to the opinions and a link to the dismissal.

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Opinions

Opinions & Orders – October 12, 2023

This morning, the Federal Circuit released one nonprecedential opinion, three nonprecedential orders, and one nonprecedential Rule 36 summary affirmance. The opinion addresses an appeal from a decision of the Court of Federal Claims regarding a government procurement contract. One order grants a motion to withdraw a petition for review, and the two remaining orders are dismissals. Here is the introduction to the opinion, text from the order granting the motion, and links to the dismissals and summary affirmance.

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Argument Recap / Panel Activity

Argument Recap – W. J. v. Secretary of Health and Human Services

Last week, the Federal Circuit heard oral argument in W.J. v. Department of Health and Human Services. In this case, the Federal Circuit is reviewing a judgment of the Court of Federal Claims upholding a special master’s decision to grant a motion to dismiss a petition for compensation under the National Vaccine Injury Compensation Program. Notably, in this pro se case, the Federal Circuit appointed amicus curiae to file a brief and argue on behalf of the appellant. The panel hearing the argument included Judges Lourie, Dyk, and Stark. This is our argument recap.

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Opinions

Opinions & Orders – June 13, 2023

Late yesterday and this morning, the Federal Circuit released five nonprecedential orders, three transferring cases to other courts and two dismissing appeals. Here are the introductions to the transfers and one of the dismissals and a link to the other dismissals.

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Opinions

Opinions & Orders – June 7, 2023

This morning, the Federal Circuit released a nonprecedential opinion in a patent case concerning obviousness. The court also released eight nonprecedential orders, which included a grant of a petition for a writ of mandamus to order the Western District of Texas to transfer a patent case, a grant of a motion to dismiss for lack of jurisdiction, four summary affirmances, and two dismissals. Here are the introductions to the opinion and orders and links to the summary affirmances and dismissals.

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