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 five dispositions, two new cases, two cases with new briefing, and one upcoming oral argument. Here are the details.

Yesterday the Federal Circuit issued its opinion in Hardy v. United States, a case we have been tracking because it attracted an amicus brief. In this case the government challenged a ruling by the Court of Federal Claims that a Notice of Interim Trail Use (NITU) amounted to a taking of private property. In the opinion, a panel of the court (including Judges Newman, Lourie, and Stoll) unanimously affirmed-in-part, vacated-in-part, and remanded. While the panel agreed with the lower court that Hardy has a compensable property interest, it vacated and remanded because the trial court did not focus on the relevant inquiry in analyzing the case. Here is a summary of the Federal Circuit’s opinion.

This morning the Federal Circuit issued two precedential opinions in veterans cases, one precedential opinion in a takings case, and one precedential opinion in a trade case. Here are the introductions to the opinions.

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 patent cases in the “Other Cases” section of our blog. Today, with respect to these cases we highlight one disposition, one new case, two recent oral arguments, and one upcoming oral argument.

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 patent cases in the “Other Cases” section of our blog. Today, with respect to these cases we highlight two dispositions, one new case, three recent oral arguments, and two upcoming oral arguments.

Last week, the Federal Circuit heard oral arguments in Hardy v. United States. Hardy v. United States is a takings case on appeal from the United States Court of Federal Claims. The case concerns whether several deeds at issue granted an interest in fee simple or an easement in the disputed parcels of land.

Here is a review of the case and issues on appeal.

This week (and next Monday) the Federal Circuit will convene 18 panels to consider about 69 cases. This month, like last moth, the court will hear all of its oral arguments telephonically given the coronavirus pandemic. Moreover, the court will hear fewer oral arguments than normal, with only about 26 cases being argued this month. Three of these argued cases attracted amicus briefs. Here is what you need to know about those three cases.

Next week, the Federal Circuit will hear oral arguments in Hardy v. the United States. Hardy v. United States is a takings case on appeal from the United States Court of Federal Claims. The heart of the dispute concerns whether several deeds at issue granted an interest in fee simple or an easement in the disputed parcels of land. This case attracted one amicus brief discussed further below. Two issues will be presented for the court’s review. Here is a preview of the case and issues on appeal.

About once a month we provide an update on activity in important patent cases. In particular, we keep track of patent cases pending before panels of the Federal Circuit, where the cases involve at least one amicus brief. We also keep track of non-patent cases that attract amicus briefs, but only once those cases have been scheduled for oral argument. Finally, we also highlight panel cases we find important. You can find all of these cases in the “Other Cases” section of our blog. Today, with respect to these cases, we highlight two patent cases with new briefing, an argument recap in the only such case argued in April, and three upcoming oral arguments in these cases. Here are the details.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report includes a Washington Post article on Oracle’s challenge to the Defense Department’s award of a massive cloud-computing contract to Microsoft, a highlight of a recent concurring opinion by two Federal Circuit judges criticizing the court’s recent Arthrex decision, and an amicus brief filed by the Cato Institute related to railroad right-of-way easements.