FedCircuitBlog

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

• an article highlighting aspects of the ongoing investigation into Judge Newman’s fitness to serve as a judge;
• an article expressing dissatisfaction with a recent Federal Circuit decision concerning the patentability of claimed ranges where the prior art discloses overlapping ranges; and
• a blog post discussing a recent Federal Circuit decision concerning what constitutes a dispute from which a government contractor may seek immediate relief.

Late last month, the Federal Circuit issued its opinion in Lockheed Martin Aeronautics Co. v. Secretary of the Air Force, a government contract case that attracted an amicus brief. This case concerns whether the federal government’s resort to unilateral price determinations under two F-16 Aircraft contracts constituted government claims under the Contract Disputes Act of 1978. In particular, the Federal Circuit reviewed a determination by the Armed Services Board of Contract Appeals that it lacked subject matter jurisdiction because the government’s price modifications did not constitute government claims. In an opinion authored by Judge Reyna and joined by Judges Mayer and Hughes, the court affirmed the Board’s judgment dismissing Lockheed Martin’s appeals for lack of jurisdiction. This is our opinion summary.

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 an opinion in a tax case, an opinion in a government contract case, a patent case and a pro se employment case with new briefing, and an oral argument recap in a case concerning the Clean Water Act. Here are the details.

This morning the Federal Circuit released two precedential opinions in trade and government contracts cases along with three nonprecedential opinions in patent and trade cases. The court also released a nonprecedential opinion transferring an appeal to the Second Circuit along with a dismissal. Here are the introductions to the opinions and order and a link to the dismissal.

This week is Court Week at the Federal Circuit, with hearings starting today. The Federal Circuit is providing access to live audio of each panel scheduled for argument via the Federal Circuit’s YouTube channel. In total, the court will convene eight panels to consider 37 cases. Of these 37 cases, the court will hear oral arguments in 28. Of these argued cases, two cases attracted amicus briefs, one an en banc case addressing federal benefits and another a government contract case. Here’s what you need to know about these cases.

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 two new cases, one with an upcoming oral argument. Additionally, we highlight an opinion in a patent case, a patent case with a new brief, and argument recaps for three cases that were heard in October. Here are the details.