FedCircuitBlog

Here is this month’s 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 dispositions, one new case with an amicus brief, one case with new briefing, one case update, three recent oral arguments, and two upcoming oral arguments. Here are the details.

This week, the Federal Circuit issued its opinion in Euzebio v. McDonough, a veterans case we have been following because it attracted two amicus briefs. Judge Wallach authored a unanimous panel opinion reversing and remanding a decision by the Court of Appeals for Veterans Claims that certain materials were not constructively before the Board of Veterans’ Appeals. This is our opinion summary.

This morning, the Federal Circuit issued a precedential opinion in a veterans case and a Rule 36 judgment. Here is the introduction to the opinion and a link to the Rule 36 judgment.

Here is this month’s 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 one disposition in a veterans case, new briefs filed in two patent cases raising due process questions related to post grant review proceedings, four recent oral arguments in veterans and government contracts cases, and four upcoming oral arguments in patent, veterans, and takings cases.

Last week, the Federal Circuit heard oral argument in four cases that attracted amicus briefs. In one of those cases, Euzebio v. Wilkie, the court heard arguments concerning the following veterans law issues: (1) whether “[t]he Veterans Court’s ‘direct relationship’ requirement is an erroneous legal standard for determining what facts are before the Board;” (2) whether “the Veterans Court erred in holding that it lacks the legal authority to look at relevant facts known to the agency for purposes of reviewing the Board’s decision;” and (3) whether “the Veterans Court misinterpreted the scope of VA’s duty to assist when it affirmed VA’s failure to develop the record with relevant facts concededly known to the agency.” This is our argument recap.

This week the Federal Circuit will convene fifteen panels to consider about 64 cases. This month, as in the past several months, the court will hear all of its oral arguments telephonically given the coronavirus pandemic. Of the 64 cases, the court will hear oral arguments in 42. Of these argued cases, four attracted amicus briefs: one in a government contract case and three in veterans cases. Here’s what you need to know about these cases.

The fourth case being argued next week at the Federal Circuit that attracted amicus briefs is Euzebio v. Wilkie. In this case, the court will consider three issues related to veterans law: (1) whether “[t]he Veterans Court’s ‘direct relationship’ requirement is an erroneous legal standard for determining what facts are before the Board because it excludes relevant matters that are known or should be known to the Board;” (2) whether “the Veterans Court erred in holding that it lacks the legal authority to look at relevant facts known to the agency for purposes of reviewing the Board’s decision;” and (3) whether “the Veterans Court misinterpreted the scope of VA’s duty to assist when it affirmed VA’s failure to develop the record with relevant facts concededly known to the agency.” This is our argument preview.

Here is this month’s 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 three dispositions in patent cases addressing estoppel related to inter partes review, anticipation, and induced infringement; new briefing in another patent case related to standing; one recent oral argument in a patent case addressing personal jurisdiction; and four upcoming oral arguments in veterans and government contracts cases.