FedCircuitBlog

This morning, the Federal Circuit released one precedential opinion, three nonprecedential opinions, and six nonprecedential orders. The precedential opinion, which inspired an opinion concurring in part and dissenting in part, vacates a district court’s judgment of invalidity in a patent case. One nonprecedential opinion addresses subject matter jurisdiction; another addresses an appeal from a Patent Trial and Appeal Board decision finding certain claims unpatentable as obvious or as anticipated; and the third also addresses a patent appeal regarding obviousness. One order grants a motion to remand a case to the Merit Systems Protection Board, two orders deny petitions for writs of mandamus, and one order transfers an appeal to the United States Court of Appeals for the Sixth Circuit. Finally, two orders dismiss appeals. Here are the introductions to the opinions, selected text from orders, and links to the dismissals.

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 opinions, two in takings cases and one in a vaccine case, and a summary affirmance in a case appealed from the Merit Systems Protection Board. We also highlight reply brief in a patent case and oral arguments in two cases, a patent case and a case appealed from the Merit Systems Protection Board. Here are the details.

Late last month, the Federal Circuit issued its opinion in Jenkins v. United States, a takings case we have been following because it attracted an amicus brief. In this case, the Federal Circuit reviewed a district court’s conclusion that it did not have jurisdiction over a due process claim and its grant of the government’s motion for summary judgment on a takings claim related to the seizure and withholding of vehicles as the result of a drug conspiracy investigation. In an opinion authored by Judge Dyk and joined by Judges Lourie and Stark, the Federal Circuit affirmed in part and vacated and remanded in part. In particular, the court held that “there is no police power exception that insulates the United States from takings liability for the period after seized property is no longer needed for criminal proceedings.” This is our opinion summary.

This morning, the Federal Circuit released three opinions, one precedential opinion in a takings case and two nonprecedential opinions in patent cases addressing, respectively, claim construction and non-obviousness. Late yesterday and this morning, the court also released four nonprecedential orders dismissing appeals, one for lack of jurisdiction. Here are the introductions to the opinions and the dismissal for lack of jurisdiction and links to the other dismissals.

The Federal Circuit heard oral argument earlier this month in Jenkins v. United States, a takings case that attracted two amicus briefs. In this case, the Federal Circuit is reviewing a determination by a district court that Jenkins is not entitled to compensation for the loss of his vehicles seized during a criminal investigation. Judges Lourie, Dyk, and Stark heard the oral argument. This is our argument recap.

This week is Court Week at the Federal Circuit. In total, the court will convene twelve panels to consider 52 cases this week. Of these 52 cases, the court will hear oral arguments in 35. The Federal Circuit is providing access to live audio of these arguments via the Federal Circuit’s YouTube channel. Of the argued cases, five cases attracted amicus briefs. Here’s what you need to know about these five cases.

Again, five cases being argued in April at the Federal Circuit attracted amicus briefs. One of those cases is Jenkins v. United States, a takings case. In this case, the Federal Circuit will review a determination by a district court that Jenkins was not entitled to compensation for the loss of his vehicles seized during a criminal investigation. This is our argument preview.

Here is another 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 for patent cases and another that addresses jurisdiction. We also highlight four new cases (a contract case, a trade case, a takings case, and a tax case), all of which are set to be argued next month, along with a patent case. Additionally, we highlight an argument recap in patent case. Here are the details.

This morning the Federal Circuit issued a precedential opinion in Little Tucker Act case; four nonprecedential opinions in a case concerning the jurisdiction of the Court of Federal Claims, an MSPB case, a veterans case, and a patent case; and a Rule 36 summary affirmance. Here are the introductions to the opinions and the Rule 36 judgment.