This morning the Federal Circuit released three nonprecedential opinions and six nonprecedential orders. The first opinion comes in a patent case appealed from a district court. Notably, Judge Bryson concurred in part and dissented in part. The other two opinions come in veterans cases. One of the orders comes in a pro se appeal, while all the other orders dismiss cases. Here are the introductions to the opinions and first order and links to the dismissals.
Opinions & Orders – December 16, 2024
This morning the Federal Circuit released four precedential opinions, one nonprecedential opinion, and one nonprecedential order. The first two precedential opinions come in government contract cases, the third is a patent case, and the fourth is an appeal from the Court of Federal Claims in a case involving an application for correction of military records. The nonprecedential opinion comes in a veterans case. The nonprecedential order is a dismissal. Here are the introductions to the opinions and a link to the dismissal.
Opinions & Orders – December 13, 2024
This morning the Federal Circuit a precedential opinion in a trade case, three nonprecedential opinions in pro se cases, and a nonprecedential order dismissing an appeal. Here are the introductions to the opinions and a link to the dismissal.
Opinions & Orders – December 11, 2024
Late yesterday the Federal Circuit released five nonprecedential orders. One denies a petition for a writ of mandamus, one transfers a case, two dismiss appeals, and one grants an agreed motion to remand a case. Today the Federal Circuit released three nonprecedential opinions and eight nonprecedential orders. Two of the opinions affirm decisions of the Patent Trial and Appeal Board, while the third affirms a decision of the Court of Appeals for Veterans Claims. One of the orders denies a petition, four transfer appeals, one dismisses an appeal, one denies a petition for a writ of mandamus, and one grants an agreed motion to remand a case. Here are the introductions to the opinions and the orders denying petitions for writs of mandamus, along with links to the transfers, dismissals, and agreed remands. This month’s motions panel had a busy couple of days!
Opinions & Orders – December 9, 2024
This morning the Federal Circuit released four precedential opinions and three nonprecedential opinions. The first precedential opinion comes in a trade case and affirms in part, vacates in part, and remands the case to the Court of International Trade. Notably, Judge Stark concurred in part and dissenting in part from the majority’s judgment. The second precedential opinion comes in a case challenging a final rule of the Department of Veterans Affairs that changed how the VA pays for noncontract ground and air ambulance transports for eligible beneficiaries. The Federal Circuit set aside the final rule. The third precedential opinion comes in a patent case. In this third case the Federal Circuit affirmed a judgment of the District of Delaware over challenges to two of the lower court’s claim constructions. The fourth precedential opinion comes in a case dismissed by the Court of Appeals for Veterans Claims for lack of jurisdiction. All three of the nonprecedential opinions come in pro se appeals. Here are the introductions to the opinions.
Opinions & Orders – December 6, 2024
This morning the Federal Circuit released a precedential opinion in a design patent case appealed from the Eastern District of Arkansas. The Federal Circuit also released six nonprecedential opinions in a patent case appealed from the District of Delaware, two cases appealed from the Court of Federal Claims, a case appealed from the Court of Appeals for Veterans Claims, and two cases appealed from the Merit Systems Protection Board. The Federal Circuit also released a summary affirmance under Rule 36. Here are the introductions to the opinions and a link to the summary affirmance.
Opinions & Orders – December 5, 2024
Late yesterday the Federal Circuit released a precedential order in one of the court’s pending en banc cases instructing a party not to respond to the other party’s argument because it exceeds the scope of the court’s en banc rehearing. The court also released three nonprecedential orders dismissing appeals. This morning, the court released three nonprecedential opinions, one in a patent case and two in pro se cases, and a nonprecedential order dismissing an appeal. Here are the introductions to the opinions and precedential order and links to the dismissals.
Opinions & Orders – December 3, 2024
This morning the Federal Circuit released two nonprecedential opinions in pro se cases and two summary affirmances pursuant to Federal Circuit Rule 36. Here are the introductions to the opinions and links to the summary affirmances.
Recent Supreme Court Activity
Here is an update on activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, oral argument in Feliciano v. Department of Transportation will take place on December 9. Since our last update, a waiver of the right to respond was filed in a pro se case, two new briefs in opposition were filed in a patent case and a veterans case, and seven amicus briefs were filed in two patent cases and a veterans case. In addition, the Court denied the petition in a patent case raising questions related to Judge Newman’s removal from hearing appeals, Federal Rule of Civil Procedure 12(d), and eligibility. Here are the details.
Recent Supreme Court Activity
Here is an update on activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, there is no new activity to report. With respect to petitions, two new petitions were filed. One comes in a patent case raising a question under the Administrative Procedure Act relating to inter partes review by the Patent Trial and Appeal Board. The other petition comes in a pro se case. The Court also received a new brief in opposition in a case concerning appellate procedure, an amicus brief in a patent case, and waivers of the right to respond in two other patent cases. In addition, the Court denied the petitions in three patent cases and one pro se case. Here are the details.