FedCircuitBlog

Here is an update on activity in cases pending before panels of the Federal Circuit where the cases involve at least one amicus brief. We keep track of these cases in the “Other Cases” section of our blog. Today, with respect to these cases, we highlight two new opinions, four recent oral arguments, and five upcoming oral arguments. Here are the details.

Two weeks ago, the Federal Circuit issued its opinion in Director of the Office of Personnel Management v. Moulton, a case we have been following because it attracted an amicus brief. In this case, the Federal Circuit reviewed a judgment of the Merit Systems Protection Board. The MSPB affirmed an administrative judge’s decision that a statutory provision requires the Office of Personnel Management “to divide an annuity supplement only if expressly provided for in a court order.” Judge Prost authored an opinion for the Federal Circuit affirming the judgment. In particular, the court held “that OPM cannot divide a retiree’s annuity supplement unless the division of the supplement is expressly provided for in a court order.” This is our opinion summary.

Here is an update on activity in cases pending before panels of the Federal Circuit where the cases involve at least one amicus brief. We keep track of these cases in the “Other Cases” section of our blog. Today, with respect to these cases, we highlight a new opinion in a patent infringement case, a recent oral argument in a case on appeal from the Merit Systems Protection Board, a new response and reply brief filed in a patent case, and two new patent cases that attracted amicus briefs. Here are the details.

Earlier this month, the Federal Circuit heard oral argument in a case we have been following because it attracted an amicus brief. The case, Director of the Office of Personnel Management v. Moulton, raises a question relating to apportionment of federal employee retirement annuity supplements pursuant to court orders, for example, as a result of divorce decrees. This case asks whether the Merit Systems Protection Board misinterpreted 5 U.S.C. § 8421(c) by concluding that the Office of Personnel Management cannot divide annuity supplements at all, unless their division is expressly provided for in a court order. Judges Prost, Wallach, and Chen heard the oral argument. This is our argument recap.

This week is Court Week at the Federal Circuit. The court will convene five panels to consider 29 cases. Of the 29 cases, the court will hear oral argument in 19 cases. The Federal Circuit provides access to live audio of these arguments via the Federal Circuit’s YouTube channel. This month, one case scheduled for oral argument attracted an amicus brief. Here’s what you need to know about this case.

There is one case being argued in August at the Federal Circuit that attracted an amicus brief. The case, Director of the Office of Personnel Management v. Moulton, relates to the apportionment of federal employee retirement annuity supplements pursuant to court orders, for example as a result of divorce decrees. The Director of the Office of Personnel Management asks the court to review whether the Merit Systems Protection Board “misinterpreted 5 U.S.C. § 8421(c) by concluding that OPM cannot divide the annuity supplement at all, unless the division of the annuity supplement is expressly provided for in a court order.” This is our argument preview.