FedCircuitBlog

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

• a blog post examining “whether, when it comes to questions about patent venue, the Federal Circuit is really in the pocket of big tech”;
• another blog post highlighting how, “[i]n a far cry from usual textualism,” the Supreme Court affirmed a Federal Circuit decision in a veterans case; and
• an article discussing an en banc petition that argues that “a recent split Federal Circuit panel decision gives the Patent Trial and Appeal Board the improper authority to overturn circuit court decisions.”

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, the Supreme Court issued its opinion in George v. McDonough. With respect to petition cases, four new petitions were filed with the Court; a waiver of right to respond was filed in a veterans case brought by a pro se petitioner; three amicus brief were filed in another veterans case raising a question about the standard of proof for disability claims; and the Court denied two petitions, one in a patent case and one in a pro se case. Notably, in the patent case the petitioner presented the same two questions presented to the Court in American Axle & Mfg, Inc. v. Neapco Holdings LLC. Here are the details.

The Supreme Court issued its opinion today in George v. McDonough. In a six to three decision, the Court affirmed the Federal Circuit’s ruling, finding that “[t]he invalidation of a VA regulation after a veteran’s benefits decision becomes final cannot support a claim for collateral relief based on clear and unmistakable error.” Justice Barrett authored the Court’s majority opinion, joined by Chief Justice Roberts and Justices Thomas, Alito, Kagan, and Kavanaugh. Justice Sotomayor filed a dissenting opinion, as did Justice Gorsuch, who was joined by Justice Breyer and in part by Justice Sotomayor. Here is our summary of the Court’s opinions.

Late last month, the Supreme Court heard arguments in George v. McDonough, a case that raises an important question regarding review for clear and unmistakable error in the denial of a veteran’s claim for disability benefits: “When the Department of Veterans Affairs (VA) denies a veteran’s claim for benefits in reliance on an agency interpretation that is later deemed invalid under the plain text of the statutory provisions in effect at the time of the denial, is that the kind of ‘clear and unmistakable error’ that the veteran may invoke to challenge VA’s decision?” This is our argument recap.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, the Supreme Court heard arguments this week in George v. McDonough, a case addressing veterans law. While no new petitions have been filed, the Court invited the Solicitor General to file a brief expressing the views of the United States in a case concerning patent law’s enablement requirement. Additionally, two waivers of right to respond and a reply brief were filed in other patent cases. Moreover, two amicus briefs were submitted this past week: one in a patent case raising questions related to enhanced damages and one in a veterans case involving the Equal Access to Justice Act. Finally, the Court denied certiorari in two cases brought by pro se petitioners. Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, the petitioner filed his reply merits brief in George v. McDonough, a case concerning the scope of clear and unmistakable error in the context of review of denials of veterans’ claims for benefits. As to cases with pending petitions, the government filed a brief in opposition in a veterans case challenging the Federal Circuit’s application of the Chevron doctrine. Also, following a Supreme Court request last fall, the government finally submitted the view of the United States in a patent case raising questions related to preclusion. The Court also denied three petitions: one in a government contracts case and two in patent cases. Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, the Secretary of Veterans Affairs filed its merits brief in George v. McDonough, which concerns the scope of clear and unmistakable error in the context of veterans’ claims. With respect to petitions, one new petition was filed in a case presenting a question related to Article III standing for patent licensees; a brief in opposition was submitted in a case raising questions related to patent eligibility; and reply briefs were filed in two patent cases: one raising questions related to inter partes review and one raising questions concerning enablement. Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. This week, the Supreme Court set a date for oral argument in a veterans case that raises questions regarding the scope of clear and unmistakable error. As for still pending petitions, one new petition was filed with the Court in a patent case raising questions related to patent eligibility; one brief in opposition was filed in another patent case raising questions related to enablement; and one reply in support of a petition was submitted in a government contract case. Here are the details.

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.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, the petitioner submitted his opening merits brief in George v. McDonough, a case which raises a question related to clear and unmistakable error in the context of a denial of a veteran’s claim for benefits. With respect to petitions, three new petitions have been filed: one raising a question in a takings case and two filed by pro se petitioners. The government filed a brief in opposition in a case concerning a government contract. The government also filed waivers of right to respond in a case appealed from the Merit Systems Protection Board as well as in a case submitted by a pro se petitioner. Finally, the Court denied certiorari in a patent case as well as in two cases filed by pro se petitioners. Here are the details.