Petitions / Supreme Court Activity

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, there is no new activity to report since our last update. With respect to petitions, two new petitions were filed with the Court in a veterans case and a case raising a question concerning judicial disqualification; a brief in opposition was submitted in another veterans case addressing the standard of proof governing rejection of disability claims; the government waived its right to respond in a Merit Systems Protection Board case; and one reply brief was submitted in a patent case raising a question related to patent eligibility. Here are the details.

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Petitions / Supreme Court Activity

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 issued its opinion in George v. McDonough. With respect to petition cases, four new petitions were filed with the Court; a waiver of right to respond was filed in a veterans case brought by a pro se petitioner; three amicus brief were filed in another veterans case raising a question about the standard of proof for disability claims; and the Court denied two petitions, one in a patent case and one in a pro se case. Notably, in the patent case the petitioner presented the same two questions presented to the Court in American Axle & Mfg, Inc. v. Neapco Holdings LLC. Here are the details.

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Petitions / Supreme Court Activity

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 petitioner filed his opening merits brief in Arellano v. McDonough, a case that raises questions regarding equitable tolling and retroactive disability benefits. As for cases with pending petitions, one new petition was filed in a veterans case; following a Supreme Court request in January, the government submitted the view of the United States in a patent case that raises a question related to the intersection of the Seventh Amendment and claim construction on appeal; and a brief in opposition was filed in an employment case concerning differential pay for federal employees serving on active duty. Finally, the Court denied petitions in three patent cases.

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Opinions

Opinions & Orders – March 10, 2022

This morning the Federal Circuit issued a precedential opinion in a patent case appealed from the Patent Trial and Appeal Board. The court also issued a nonprecedential opinion in a veterans case appealed from the Court of Appeals for Veterans Claims. Finally, the court issued six Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.

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Opinions

Opinions & Orders – December 17, 2021

This morning the Federal Circuit issued a precedential opinion in a veterans case appealed from the Court of Appeals for Veterans Claims. The opinion, decided partially en banc, addresses evidentiary standards applicable in veterans’ cases. Judges Reyna, Newman, and O’Malley filed a separate opinion concurring-in-part and dissenting-in-part with respect to the part of the opinion decided by the en banc court. The court also issued three nonprecedential opinions. Two come in patent cases appealed from the Patent Trial and Appeal Board and one comes in a trademark case appealed from the Trademark Trial and Appeal Board. The court also issued a nonprecedential order related to the opinion decided in part by the en banc court as well as two Rule 36 judgments. Here are the introductions to the opinions and order and links to the Rule 36 judgments.

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Panel Activity

Update on Important Panel Activity

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 dispositions, two upcoming oral arguments, and one case with new briefing. Here are the details.

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Opinions

Opinions & Orders – June 3, 2021

This morning the Federal Circuit issued two precedential opinions: one affirming a district court in a patent case and one affirming the Court of Appeals for Veterans Claims in a veterans case. Here are the introductions to the opinions.

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Panel Activity

Update on Important Panel Activity

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 recent oral arguments in a veteran’s case and a patent case, as well as three upcoming oral arguments in a patent case, veteran’s case, and a case concerning the jurisdiction of the Merit Systems Protection Board.

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Argument Recap

Argument Recap – Lynch v. McDonough

Last week panels of the Federal Circuit heard oral arguments in two cases that attracted amicus briefs. In one, Lynch v. McDonough, Lynch asks the court to overrule Ortiz v. Principi, a case setting forth the burden of proof by which veterans must prove their claims. Chief Judge Prost and Circuit Judges Dyk and Clevenger heard the oral argument. This is our argument recap.

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Court Week

Court Week – What You Need to Know

This week is Court Week at the Federal Circuit. As in the past several months, the court will hear its oral arguments telephonically given the coronavirus pandemic. Notably, however, this month the Federal Circuit is providing access to live audio of each panel scheduled for argument via the Federal Circuit’s YouTube channel rather than via telephone conference calls as in past months. In total, the court will convene 16 panels to consider about 61 cases. Of these 61 cases, the court will hear oral arguments in 41. Of the argued cases, two attracted amicus briefs: one a veterans case and one a patent case. Here’s what you need to know about these two cases.

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