Argument Preview

Argument Preview – Wolfe v. McDonough

We are previewing three cases scheduled to be argued next week at the Federal Circuit that attracted amicus briefs. Today we highlight a veterans case, Wolfe v. McDonough. In this case, the Secretary asks the Federal Circuit to reverse a decision of the Court of Appeals for Veterans Claims, which “granted a petition for a writ of mandamus filed by Ms. Wolfe on behalf of a class of claimants to invalidate 38 C.F.R. § 17.1005(a)(5) and require [the Department of Veterans Affairs] to readjudicate and grant claims for reimbursement of coinsurance and deductibles.” The government’s appeal attracted three amicus briefs, all arguing against the government’s position. This is our argument preview.

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Opinions

Opinions & Orders – November 24, 2021

This morning the Federal Circuit released one precedential opinion and two nonprecedential opinions. The precedential opinion comes in a patent case appealed from the Patent Trial and Appeal Board, and in it the court affirms the PTAB’s decision over a partial dissent by Judge Linn. The nonprecedential opinions come in a trademark case appealed from the Trademark Trial and Appeal Board and a veterans case appealed from the Court of Appeals for Veterans Claims. Here are the introductions to the opinions.

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Opinions

Opinions & Orders – November 18, 2021

This morning the Federal Circuit issued two nonprecedential opinions. The first opinion comes in a patent case appealed from the Patent Trial and Appeal Board, and it addresses the Board’s determination that claims are invalid for obviousness. The second opinion comes in veterans case appealed from the Court of Appeals for Veterans Claims, and it addresses the Board of Veterans’ Appeals denial of compensation to a veteran. Here are the introductions to the opinions.

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Opinions

Opinions & Orders – November 17, 2021

This morning the Federal Circuit issued a precedential opinion in a government contract case appealed from the Court of Federal Claims. The court also issued five nonprecedential opinions. The first comes in a government contract case appealed from the Court of Federal Claims. The second comes in a veterans case appealed from the Court of Appeals for Veterans Claims. The third and fourth come in employment cases appealed from the Merit Systems Protection Board. And the fifth comes in a patent case appealed from the Western District of North Carolina. Finally, the court issued a nonprecedential order denying a petition for a writ of mandamus against the Court of Appeals for Veterans Claims. Here are the introductions to the opinions and order.

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Opinions

Opinions & Orders – November 16, 2021

This morning the Federal Circuit issued two nonprecedential opinions. The first comes in a patent case appealed from the District of Delaware. The second comes in a government contract case appealed from the Court of Federal Claims. The Federal Circuit also issued a nonprecedential order denying a petition for a writ of habeas corpus, a writ of mandamus, and a writ of quo warranto. Finally, the court issued three Rule 36 judgments. Here are the introductions to the opinions and orders and links to the Rule 36 judgments.

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Opinions

Opinions & Orders – November 15, 2021

This morning the Federal Circuit issued a nonprecedential opinion reviewing a judgment of the District of Delaware holding patent claims invalid for lack of eligibility. The Federal Circuit also issued four nonprecedential orders. The first order dismisses a petition for a writ of mandamus after notification by the parties that mandamus relief is no longer necessary. The other three orders all grant petitions for writs of mandamus directing the the Western District of Texas to transfer patent cases to the Northern District of California. Finally, the court issued two Rule 36 judgments. Here are the introductions to the opinions and orders and links to the Rule 36 judgments.

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Opinions

Opinions & Orders – November 10, 2021

This morning the Federal Circuit issued a precedential opinion in a patent case appealed from the Patent Trial and Appeal Board and two nonprecedential opinions in employment cases appealed from the Merit Systems Protection Board. The court also issued two nonprecedential orders. In the first order, the court denied a petition for a writ of mandamus seeking to vacate an order transferring a patent case from the District of Colorado to the Western District of Texas. In the second order, the court granted a petition for a writ of mandamus directing the Western District of Texas to transfer a patent case. Finally, the Federal Circuit released three Rule 36 judgments. Here are the introductions to the opinions and orders and links to the Rule 36 judgments.

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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. In the only pending en banc case, a veterans case, the Department of Veterans Affairs filed its en banc brief. As for requests for rehearing en banc in patent cases, the court received a new petition filed by a pro se party and denied three petitions related to venue, eligibility, and claim construction. Here are the details.

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Opinions

Opinions & Orders – November 5, 2021

This morning the Federal Circuit released a precedential opinion in a patent case, affirming the District of New Jersey’s judgment that the plaintiff did not establish proper venue under the patent venue statute with respect to the named domestic defendants and did not state a claim upon which relief could be granted with respect to the named foreign defendant. The Federal Circuit also released five Rule 36 judgments. Here is the introduction to the opinion and a list of the Rule 36 judgments.

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Opinions

Opinions & Orders – November 3, 2021

This morning the Federal Circuit issued a precedential opinion in a trade case appealed from the Court of International Trade. The court also issued two nonprecedential opinions. The first comes in a veterans case appealed from the Court of Appeals for Veterans Claims. The second comes in an employment case appealed from the Merit Systems Protection Board. Finally, the court issued a Rule 36 judgment. Here are the introductions to the opinions and a link to the Rule 36 judgment.

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