FedCircuitBlog

This morning the Federal Circuit released three nonprecedential opinions. The first and second opinions come in cases appealed from the Court of Federal Claims and involve issues related to the Vaccine Act and jurisdiction, respectively. The third opinion comes in a patent case appealed from the Patent Trial and Appeal Board. The Federal Circuit also released two nonprecedential orders late yesterday and this morning. One transfers an appeal to the Northern District of Illinois, and the other dismisses an appeal. Finally, the Federal Circuit released two Rule 36 judgments. Here are the introductions to the opinions, text from the order, and links to the dismissal and Rule 36 judgments.

The Federal Circuit released four precedential opinions: a precedential opinion in a patent case decided by the Western District of Washington; two precedential opinions in cases addressing the Fair Labor Standards Act; and another precedential opinion addressing the Border Patrol Agent Pay Reform Act and Back Pay Act. Notably, in the latter three cases, Judge Reyna filed dissenting opinions. The court also released two nonprecedential opinions in cases involving the same appellant challenging decisions of the Merit Systems Protection Board, along with four orders dismissing appeals. Here are the introductions to the majority opinions, portions of the dissenting opinions, and links to the orders.

Today the Federal Circuit released three nonprecedential orders. One grants a motion to dismiss an appeal for lack of jurisdiction; one denies a petition for panel rehearing and rehearing en banc; and one grants a motion to dismiss an appeal. Here is text from the first two orders and a link to the third order.

This morning the Federal Circuit released three precedential opinions. The first comes in a patent case appealed from the Southern District of New York; the second comes in another patent case appealed from the Eastern District of Texas; and the third comes in a vaccine case appealed from the Court of Federal Claims. Notably, in the third case, Judge Bryson dissented. The Federal Circuit also released a nonprecedential order in a veterans case appealed from the Court of Appeals for Veterans Claims. Here are the introductions to the opinions and text from the order.

This morning the Federal Circuit issued two nonprecedential opinions in cases appealed from the Merit Systems Protection Board. The court also issued two nonprecedential orders denying petitions for writs of mandamus in patent cases pending in the United States District Court for the Western District of New York and the United States District Court for the Western District of Texas. Finally, the court issued a Rule 36 judgment. Here are the introductions to the opinions and orders and a link to the Rule 36 judgment.

This morning, the Federal Circuit issued five opinions: a precedential opinion in a patent case; two nonprecedential opinions involving the same appellant challenging separate decisions of the Merit Systems Protection Board; a nonprecedential opinion in a veterans case; and a nonprecedential opinion in an employment law case challenging an arbitrator’s decision. Here are the introductions of the opinions.

Guest Post by Blair E. Thompson

In 2020, the Federal Circuit addressed important questions regarding “pro-claimant” policies and rules governing the Department of Veterans Affairs. The court also approved VA’s interpretation of its regulation regarding discharges due to “willful and persistent misconduct” and paved the way for challenges to VA’s internal adjudication policies and procedures manual.

This post summarizes recent activity at the Supreme Court in cases decided by the Federal Circuit.

• The Court received three new petitions this week: (1) Mantissa Corp. v. Ondot Systems, Inc., (2) Rovi Guides, Inc. v. Comcast Cable Communications, LLC, and (3) IYM Technologies LLC v. RPX Corp.
• Three briefs in opposition to petitions were filed with the Court, the first by Actavis in HZNP Finance Ltd. v. Actavis Laboratories UT, Inc., the second by CBS in Personal Audio, LLC v. CBS Corp., and the third by Biomarin in Duke University v. Biomarin Pharmaceutical Inc.
• Lastly, the Supreme Court denied a total of 19 different petitions this week.

Here are the details.

This post summarizes recent activity at the Supreme Court in cases decided by the Federal Circuit.

• The Supreme Court received two new petitions this week in Michelson v. Department of the Army and Sanders v. United States.
• Mylan submitted its brief in opposition to the Court in Sanofi-Aventis Deutschland GMBH v. Mylan Pharmaceuticals Inc..
• Finally, one waiver of right to respond was filed with the Court in Martin v. Department of Homeland Security by the Department of Homeland Security.

Here are the details.

This post summarizes recent activity at the Supreme Court in cases decided by the Federal Circuit.

• The Supreme Court received the four new petitions for writs of certiorari in (1) Strand v. United States, (2) Comcast Cable Communications, LLC v. Promptu Systems Corp., (3) HZNP Finance Ltd. v. Actavis Laboratories UT, Inc., and (4) Martin v. Department of Homeland Security.
• Both the United States in Campbell v. United States and Ericsson, Inc. in TCL Communication Technology Holdings Limited v. Telefonaktiebolaget LM Ericsson submitted briefs in opposition to petitions.
• Two replies were submitted to the Court, the first by Andrea Lea in Lea v. United States and the second by Jake LaTurner in LaTurner v. United States.
• Five amicus briefs were filed in three cases: (1) United States v. Arthrex, Inc., (2) Arthrex, Inc. v. Smith & Nephew, Inc., and (3) Polaris Innovations Ltd. v. Kingston Technology Co.

Here are the details.