FedCircuitBlog

This morning, the Federal Circuit released two precedential opinions and two nonprecedential orders. One of the opinions comes in an appeal of a decision of the Court of Appeals for Veterans Claims; the other comes in an appeal of a decision of the Court of Federal Claims. One of the orders grants a motion for summary affirmance; the other is a dismissal. Here are the introductions to the opinions and the first order and a link to the dismissal.

Last month, the Federal Circuit released its opinion in Lesko v. United States, an en banc case addressing federal employment law. In it, the Federal Circuit reviewed a federal employee’s argument that a writing requirement for overtime approval was not a valid exercise of the Office of Personnel Management’s rulemaking authority. In an opinion authored by Chief Judge Moore, the en banc court concluded that the writing requirement was a valid exercise of OPM’s rulemaking authority. Judge Stoll and three other judges dissented. This is our opinion summary.

Here is an update on recent en banc activity at the Federal Circuit. Since our last update, the Federal Circuit issued an en banc opinion in a case addressing federal employment law. There also have been four new petitions for en banc rehearing asking questions related to contract interpretation, standing, prior art, and sanctions and fee awards. The Federal Circuit also denied three petitions for en banc rehearing in patent cases. Here are the details.

Late Friday, the Federal Circuit released a precedential opinion in an en banc case addressing federal employment law. Chief Judge Moore authored the majority opinion, which was joined by Judges Lourie, Dyk, Prost, Taranto, Chen, and Hughes. Notably, Judge Stoll authored a dissenting opinion that was joined by Judges Reyna, Cunningham, and Stark. This morning, the court released four nonprecedential opinions and three nonprecedential orders. One nonprecedential opinion comes in a patent infringement case appealed from the District of Delaware, another comes in a government contract case, another in an appeal of a decision of the Trademark Trial and Appeal Board, and the last one comes in a pro se challenge to a decision of the Merit Systems Protection Board. Two of the orders transfer cases, while the third order denies a petition in a veterans case. Here are the introductions to the opinions and orders.

Here is an update on recent en banc activity at the Federal Circuit. Since our last update, with respect to granted petitions we have posted an opinion summary for a government contract case and an argument recap for a case addressing federal personnel law. With respect to pending petitions, two new petitions for en banc rehearing have been filed, one raising a question related to claim construction and one a question related to prosecution history estoppel. The Federal Circuit also denied petitions for en banc rehearing in two patent cases, one raising a question related to patent eligibility and one raising questions related to Federal Rule of Civil Procedure 52. Here are the details.

Last week the Federal Circuit held an en banc session to hear oral argument in Lesko v. United States, a federal employment law case. The case raises questions ultimately asking whether the Office of Personnel Management is authorized to adopt a requirement that any overtime pay be authorized in writing. This is our argument recap. 

Here is an update on recent en banc activity at the Federal Circuit. Since our last update, the en banc court heard oral argument in Lesko v. United States, an employment law case. Additionally, four new en banc petitions have been filed in patent cases raising questions related to the presumption of validity, eligibility, and claim construction. A new response was filed in a case concerning the appropriate test for design-patent infringement. Finally, the court denied petitions for en banc rehearing in two patent cases. Here are the details.

This week is Court Week at the Federal Circuit. This week (and next, as it turns out), court will convene 9 panels to consider 49 cases. Of the 49 cases, the court will hear oral argument in 33 cases. The Federal Circuit provides access to live audio of these arguments via the Federal Circuit’s YouTube channel. This month, one case scheduled for oral argument attracted an amicus brief. That case is an en banc employment law case. Here’s what you need to know about the case.

Only one case scheduled for oral argument in September attracted an amicus brief. That case is an employment law case, Lesko v United States. It raises questions concerning how “officially ordered or approved” in 5 U.S.C. § 5542(a) should be interpreted after Loper Bright Enterprises v. Raimondo, and ultimately whether the Office of Personnel Management is authorized to adopt a requirement that any overtime pay be authorized in writing. After a panel of the court heard oral argument, the court voted sua sponte for en banc consideration. This is our argument preview.

Here is an update on recent en banc activity at the Federal Circuit. Since our last update, a party filed its reply brief in a pending en banc case raising questions related to statutory interpretation and agency deference. As for pending petitions, the Federal Circuit received two new responses to petitions in patent cases, the court invited a response to a petition in a design patent case, and the court denied two petitions in two other patent cases. Here are the details.