FedCircuitBlog

Here is an update on activity in cases pending before panels of the Federal Circuit where the cases have attracted at least one amicus brief or the court has appointed amicus counsel. We keep track of these cases in the “Other Cases” section of our blog. Today, with respect to these cases, we highlight three recent opinions in cases raising questions related to military records, tax refunds, and invalidity for lack of enablement, and one order dismissing an appeal. In addition, we highlight three newly identified cases raising questions related to inter partes review proceedings, claim construction, and educational assistance benefits. As for new briefing, we highlight three response briefs in cases that raised questions related to infringement, claim construction, and educational assistance benefits; one principal and response brief in a case that raised copyright and patent questions; three reply briefs in cases that raised questions related to patent eligibility, claim construction, and educational assistance benefits; and seven new amicus briefs in one case that raised a question related to infringement. We also highlight two recent oral arguments in cases that raised questions related to claim construction and veterans educational assistance benefits. Here are the details.

Last week the Federal Circuit issued its opinion in Dougherty Electric, Inc. v. United States, a tax case we have been following because it attracted an amicus brief. In this case, Dougherty Electric appealed a dismissal by the Court of Federal Claims of a tax refund suit for lack of subject matter jurisdiction. In an opinion authored by Judge Prost and joined by Judges Lourie and Taranto, the court affirmed-in-part, vacated-in-part, and remanded the case. This is our summary of the opinion.

This morning, the Federal Circuit released one precedential opinion, two nonprecedential opinions, and one nonprecedential order. The precedential opinion comes in a tax case appealed from the Court of Federal Claims. One of the nonprecedential opinions comes in a patent case appealed from the Patent Trial and Appeal Board, and the other comes in a veterans case appealed from the Court of Appeals for Veterans Claims. The order denies a petition for writ of mandamus to the Eastern District of Texas. Here are the introductions to the opinions and the order.

Earlier this month, the Federal Circuit heard oral argument in a tax case, Dougherty Electric, Inc. v. United States. In this case, Dougherty Electric appeals a dismissal by the Court of Federal Claims of a refund suit for lack of subject matter jurisdiction. Judges Lourie, Prost, and Taranto heard the oral argument. This is our argument recap.

This week is Court Week at the Federal Circuit. The court will convene 12 panels to consider 58 cases. Of the 58 cases, the court will hear oral argument in 43. The Federal Circuit provides access to live audio of these arguments via the Federal Circuit’s YouTube channel. This month, three cases scheduled for oral argument attracted amicus briefs. Here’s what you need to know about these three cases.

Three cases being argued at the Federal Circuit in February attracted amicus briefs. One of those cases is Doughtery Electric, Inc. v. United States, a tax case. In it, Dougherty Electric appeals the dismissal by the Court of Federal Claims of a refund suit for lack of subject-matter jurisdiction. This is our argument preview.