Late yesterday and this morning, the Federal Circuit released two nonprecedential opinions: one in a patent case appealed from the Patent Trial and Appeal Board and one in a tax case appealed from the Court of Federal Claims. The Federal Circuit also released eight nonprecedential orders: one summarily affirming a dismissal for lack of jurisdiction by the Court of Federal Claims, two transferring cases to other circuit courts, one deactivating and dismissing appeals, and four dismissing appeals. Here are the introductions to the opinions and orders and links to the dismissals.
Opinions & Orders – May 30, 2023
This morning, the Federal Circuit released a precedential opinion in a case appealed from the Court of Federal Claims addressing entitlement to military disability retirement pay. The court also released a nonprecedential opinion in a pro se case appealed from Merit Systems Protection Board. Here are the introductions to the opinions.
Opinions & Orders – May 24, 2023
This morning, the Federal Circuit released a precedential opinion in a patent case involving analysis of pre-AIA first-to-invent provisions. Notably, Judge Dyk dissented. The court also released a nonprecedential opinion in a case appealed from the Merit Systems Protection Board, along with a nonprecedential order dismissing a case. Here are the introductions to the opinions and a link to the order.
Opinions & Orders – May 9, 2023
This morning, the Federal Circuit released two precedential opinions in patent cases, one affirming a judgment of unpatentability in an inter partes review and one reversing a judgment of unpatentability in another inter partes review. The court also released a nonprecedential opinion in a pro se case and five nonprecedential orders dismissing appeals. Here are the introductions to the opinions and links to the orders.
Opinions and Orders – April 4, 2023
This morning, the Federal Circuit released two precedential opinions, two nonprecedential opinions, and a Rule 36 judgment. In the two precedential opinions, the court affirmed a judgment appealed from the Court of Appeals for Veterans Claims and reversed a judgment of the Trademark Trial and Appeal Board. In the two nonprecedential opinions, the Federal Circuit affirmed an arbitrator’s judgment and affirmed a judgment of the Merit Systems Protection Board. Here are the introductions to the opinions and link to the Rule 36 judgment.
Opinions & Orders – May 12, 2022
This morning the Federal Circuit released two nonprecedential opinions. The first comes in a petition to review a decision of the Merit Systems Protection Board, which had dismissed an appeal as moot. The second comes in a veterans case appealed from the Court of Appeals for Veterans Claims. The Federal Circuit also released five nonprecedential orders this morning and late yesterday. One dismisses a petition for review for untimely filing; one denies a petition for a writ of mandamus for untimely filing; one denies a petition for a writ of mandamus to order the Western District of Texas to transfer a patent case; one summarily affirms; and one grants a petition to withdraw a petition for writ of mandamus. Here are the introductions to the opinions and text from the orders.
Opinions & Orders – April 7, 2022
This morning the Federal Circuit released a nonprecedential order granting leave to proceed in forma pauperis and transferring the case from the Merit Systems Protection Board to the Northern District of Texas. The Federal Circuit also issued two Rule 36 judgments. Here is the introduction to the order and links to the Rule 36 judgments
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, since our last update there is no new activity to report. Furthermore, no new petitions have been filed. That said, the government filed two waivers of right to respond; a petitioner filed a reply in a case raising a question related to the jurisdiction of the Court of Federal Claims; and the Court denied certiorari in five cases: two in cases appealed from the Merit Systems Protection Board, one in a trade case, one in a patent case, and one in a case filed by a pro se petitioner. Here are the details.
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, six amicus briefs were filed in George v. McDonough, a case raising a question related to clear and unmistakable error in the context of review of denials of veterans’ claims for benefits. As for still-pending petitions, one new petition was filed by a pro se petitioner; two amicus briefs were filed in a case related to patent eligibility, including a brief filed by a former Federal Circuit judge; and two reply briefs were filed: one in a veterans case and one in a trade case. Finally, four waivers of right to respond were filed and the Court denied a petition in a case concerning patent eligibility. Here are the details.
Recent Supreme Court Activity
Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. This week the Court granted certiorari in a veterans case that raises questions regarding equitable tolling and retroactive disability benefits. The Court also requested the Solicitor General file a brief expressing the views of the United States in a patent case raising a question regarding standing to challenge the validity of patents. Additionally, three new petitions were filed with the Court: two in cases appealing decisions from the Merit Systems Protection Board and one in a patent case. Moreover, one amicus brief was submitted in a patent case; three briefs in opposition were filed in trade, employment, and veterans cases; one waiver of right to respond was filed in a patent case; three petitions were denied; and one petition was dismissed. Here are the details.