FedCircuitBlog

This morning, the Federal Circuit released one precedential opinion, two nonprecedential opinions, and three nonprecedential orders. The lone precedential opinion comes in a government contract case on appeal from a decision of the Armed Services Board of Contract Appeals. One of the nonprecedential opinions comes in a patent case on appeal from the District of Nevada, while the other comes in a case on appeal from a decision of the Merit Systems Protection Board. Of the nonprecedential orders, two transfer cases and the other remands a case. Here are the introductions to the opinions and orders and a link to the remand.

Guest Post by James M. Eisenmann

In a series of precedential decisions in 2020 (and early 2021), the Federal Circuit limited the impact of the Department of Veterans Affairs Accountability and Whistleblower Protection Act — holding that U.S. Merit Systems Protection Board (MSPB) still may review the reasonableness of imposed penalties and that Veterans Affairs (VA) may not use 38 U.S.C. § 714 to remove employees for conduct or performance that occurred prior to the enactment of the Act. See, Sayers v. Dep’t of Veterans Affairs, 954 F.3d 1370 (Fed. Cir. 2020); Harrington v. Dep’t of Veterans Affairs, 981 F.3d 1356 (Fed. Cir. 2020); and Brenner v. Dep’t of Veterans Affairs, No. 19-2032 (Fed. Cir. March 9, 2021).

This morning the Federal Circuit issued three opinions: a precedential opinion in a patent case; a precedential opinion in a case appealed from the Merit Systems Protection Board; and a nonprecedential opinion in another case appealed from the Merit Systems Protection Board. Here are the introduction to the opinions.