Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Last week, the Supreme Court granted a petition for certiorari in a case concerning the Merit Systems Protection Board. With respect to petitions, three new petitions were filed with the Court in two patent cases and one pro se case. Additionally, six waivers of right to respond, three briefs in opposition, and two reply briefs were filed with the Court. Finally, the Supreme Court denied certiorari in a patent case and two pro se cases. Here are the details.
Recent Supreme Court Activity
Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, the Supreme Court heard arguments last week in Rudisill v. McDonough, a veterans case. With respect to petitions, two new petitions were filed with the Court in two patent cases raising questions related to the Federal Circuit’s practice of reversing agency decisions and patent eligibility. Two waivers of right to respond were filed, one in the patent case raising the question about reversing agency decisions and one in a pro se case. A brief in opposition was filed in a patent case addressing the ability to review determinations whether to institute inter partes review proceedings. An amicus brief was filed in a veterans case. And, finally, the Court denied a petition in a patent case. Here are the details.
Recent Supreme Court Activity
Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, a reply brief was filed in Rudisill v. McDonough, a veterans case. With respect to pending petitions, two new petitions were filed with the Court in a veterans case and in a pro se case, and a waiver of right to respond was filed in a patent case addressing both joinder in inter partes review proceedings and the Federal Vacancies Reform Act. Additionally, a brief in opposition was filed in a Tucker Act case and two reply briefs in support of petitions were filed in two different cases, one in a trade case presenting questions related to separation of powers and steel tariffs and one in a patent case addressing joint inventorship. Finally, the Court denied petitions in one patent case and two pro se cases. Here are the details.
Opinions & Orders – August 22, 2023
Today, the Federal Circuit released one precedential opinion, two nonprecedential opinions, and five nonprecedential orders. The precedential opinion arises out of a government contracts case involving an agreement to design and build a military compound in Afghanistan. The opinion addresses whether the requirement that claims submitted under the Contract Disputes Act specify the precise dollar amount sought as relief is a jurisdictional requirement. A companion nonprecedential opinion addresses whether the Armed Services Board of Contract Appeals erred in partially dismissing a claim for lack of subject-matter jurisdiction based on the requirement. Another nonprecedential opinion released today resolves an appeal from a Patent Trial and Appeal Board decision regarding the patentability of claims. Each of the nonprecedential orders are dismissals. Here are the introductions to the opinions and links to the dismissals.
Opinions & Orders – June 13, 2023
Late yesterday and this morning, the Federal Circuit released five nonprecedential orders, three transferring cases to other courts and two dismissing appeals. Here are the introductions to the transfers and one of the dismissals and a link to the other dismissals.
Opinions & Orders – June 8, 2023
Late yesterday and this morning, the Federal Circuit released two nonprecedential opinions: one in a patent case appealed from the Patent Trial and Appeal Board and one in a tax case appealed from the Court of Federal Claims. The Federal Circuit also released eight nonprecedential orders: one summarily affirming a dismissal for lack of jurisdiction by the Court of Federal Claims, two transferring cases to other circuit courts, one deactivating and dismissing appeals, and four dismissing appeals. Here are the introductions to the opinions and orders and links to the dismissals.
Opinions & Orders – May 18, 2023
Late yesterday and this morning, the Federal Circuit released two nonprecedential opinions in related patent cases involving patent claims that were deemed invalid as indefinite. The court also released seven nonprecedential orders dismissing appeals. Here are the introductions to the opinions and one of the orders and links to the other dismissals.
Opinions & Orders – May 17, 2023
This morning, the Federal Circuit released a nonprecedential opinion in a pro se case appealed from the Merit Systems Protection Board. The court also released four nonprecedential orders: one summarily affirming a judgment of the Merit Systems Protection Board, one summarily affirming a judgment of the Court of Federal Claims, one transferring a veteran’s case to the Western District of Texas, and one dismissing an appeal. Here are the introductions to the opinion and orders and a link to the dismissal.