Opinions

Opinions & Orders – May 10, 2024

This morning the Federal Circuit released one precedential opinion, four nonprecedential opinions, and two summary affirmances. The precedential opinion reverses and remands a judgment of the Court of Federal Claims in a case involving an application for attorneys’ fees under the Equal Access to Justice Act. Two of the nonprecedential opinions affirm the Merit Systems Protection Board, another dismisses an appeal from a judgment of the Court of Appeals for Veterans Claims, and the fourth affirms an anti-filing injunction entered by the District of Delaware in a patent case. The Federal Circuit also released two nonprecedential orders summarily affirming under Rule 36. Here are the introductions to the opinions and links to the orders.

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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. As for merits cases, highlights include an oral argument and a slew of amicus briefs, respectively, in two cases. As for petitions, only one new petition was filed, and just a handful of response and reply briefs were filed. The Supreme Court, however, denied petitions in a large number of cases, including most notably in Athena, Hikma, and HP, as we previously discussed. 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. Of the six pending merits cases, there was not much activity, with the exception of one case where multiple amicus briefs were filed. Two new petitions were also filed—one in a patent case, and one in a government contract case—as well as two responses in opposition to petitions and two amicus briefs in favor of petitions.

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