Opinions

Opinions & Orders – June 29, 2022

This morning the Federal Circuit released two precedential opinions. The first comes in a veterans case appealed from the Court of Appeals for Veterans Claims, vacating the Veterans Court’s decision and remanding the case. Notably, Judge Bryson wrote a dissent disagreeing with the majority’s analysis of causation. The second opinion comes in a trademark case appealed from the Trademark Trial and Appeal Board, reversing the Board’s decision. Notably, in the second case, Judge Reyna wrote a concurring opinion. Here are the introductions to the opinions.

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En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. The court sua sponte granted en banc consideration in a case appealed from the Court of Federal Claims. In another pending en banc veterans case, the veteran filed his en banc response brief, and the Federal Circuit scheduled the case for oral argument in October. The court also received a new petition raising questions related to the court’s grant of a petition for a writ of mandamus to order transfer of a patent case from the Western District of Texas to the Northern District of California. Here are the details.

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Opinions

Opinions & Orders – June 28, 2022

This morning the Federal Circuit released two precedential opinions. The first comes in a veterans case appealed from the Court of Appeals for Veterans Claims; the second comes in a case appealed from the Western District of Wisconsin and reverses a contempt finding based on an alleged violation of protective order. Notably, in the second case, Judge Reyna filed a dissent. The Federal Circuit also released a precedential order sua sponte granting en banc consideration to a case appealed from the Court of Federal Claims. The Federal Circuit released a nonprecedential opinion in a trade case appealed from the Court of International Trade and three nonprecedential orders denying petitions for a writ of mandamus, denying a petition for a writ of control, and granting a motion for a summary affirmance. Here are the introductions to the opinions and text from the orders.

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Opinions

Opinions & Orders – June 27, 2022

This morning the Federal Circuit released a nonprecedential opinion in a patent case appealed from the Patent Trial and Appeal Board. The Federal Circuit also released four nonprecedential orders. One summarily affirms; one dismisses an appeal for lack of jurisdiction; and two grant joint motions to voluntarily dismiss. Here is the introduction to the opinion, text from the summary affirmance, and links to the dismissals.

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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 Court set a date for oral argument in Arellano v. McDonough, a veterans case raising questions about equitable tolling of a veterans benefits filing deadline. With respect to petition cases, two new petitions were filed in patent cases; a waiver of right to respond was filed in a veterans case; three amicus briefs were filed in another veterans case; and the Court denied two petitions, one in a patent case and one in a federal employment case. Here are the details.

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News

Recent News on the Federal Circuit

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

  • a blog post examining “whether, when it comes to questions about patent venue, the Federal Circuit is really in the pocket of big tech”;
  • another blog post highlighting how, “[i]n a far cry from usual textualism,” the Supreme Court affirmed a Federal Circuit decision in a veterans case; and
  • an article discussing an en banc petition that argues that “a recent split Federal Circuit panel decision gives the Patent Trial and Appeal Board the improper authority to overturn circuit court decisions.”
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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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Featured / Opinions / Supreme Court Activity

Breaking — Opinion Summary — George v. McDonough

The Supreme Court issued its opinion today in George v. McDonough. In a six to three decision, the Court affirmed the Federal Circuit’s ruling, finding that “[t]he invalidation of a VA regulation after a veteran’s benefits decision becomes final cannot support a claim for collateral relief based on clear and unmistakable error.” Justice Barrett authored the Court’s majority opinion, joined by Chief Justice Roberts and Justices Thomas, Alito, Kagan, and Kavanaugh. Justice Sotomayor filed a dissenting opinion, as did Justice Gorsuch, who was joined by Justice Breyer and in part by Justice Sotomayor. Here is our summary of the Court’s opinions.

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Opinions

Opinions & Orders – June 13, 2022

This morning the Federal Circuit released a precedential opinion in a patent case appealed from the District of Delaware. The Federal Circuit also released two nonprecedential opinions. The first comes in a veterans case appealed from the Court of Appeals for Veterans Claims; the second comes in another patent case appealed from the Eastern District of Virginia. Finally, the Federal Circuit released two Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.

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Opinions

Opinions & Orders – June 10, 2022

This morning the Federal Circuit released four nonprecedential opinions. The first comes in a case appealed from the Merit Systems Protection Board; the second comes in a veterans case appealed from the Court of Appeals for Veterans Claims; the third comes in a trademark case appealed from the Trademark Trial and Appeal Board; and the fourth comes in a patent case appealed from the Eastern District of Michigan. Late yesterday and this morning the Federal Circuit also released a nonprecedential order dismissing a case and three Rule 36 judgments. Here are the introductions to the opinions, text from the order, and links to the Rule 36 judgments.

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