This week is Court Week at the Federal Circuit. In total, the court will convene 14 panels to consider 64 cases. Of these 64 cases, the court will hear oral arguments in 50. The Federal Circuit is providing access to live audio of these arguments via the Federal Circuit’s YouTube channel. This month, five cases scheduled for oral argument attracted amicus briefs. Here’s what you need to know about these five cases.
Opinions & Orders – March 1, 2024
This morning, the Federal Circuit released one precedential opinion, one nonprecedential order, and one dismissal. The precedential opinion addresses an appeal from a judgment of the Court of Federal Claims in case involving claims under the Tucker Act. The nonprecedential order dismisses a case for lack of jurisdiction. Here are the introductions to the opinion and order.
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 in two pro se cases. Additionally, a brief in opposition was filed in a patent case and three amicus briefs were filed in a veterans case. Here are the details.
Argument Preview – Frantzis v. McDonough
As we reported yesterday, five cases being argued in March at the Federal Circuit attracted amicus briefs. One of these cases is Frantzis v. McDonough. In it, the Federal Circuit will review a determination by the Court of Veteran Claims that, under the Veterans Appeals Improvement and Modernization Act, a claimant is not entitled to an opportunity for a Board hearing before the Board member who ultimately decides the administrative appeal. This is our argument preview.
Opinions and Orders – February 27, 2024
This morning, the Federal Circuit released one precedential opinion. The opinion addresses an appeal from the Court of Appeals for Veterans Claims relating to adverse decisions rendered under the Program of Comprehensive Assistance for Family Caregivers. Here is the introduction to the opinion.
Opinions & Orders – February 20, 2024
This morning, the Federal Circuit released four nonprecedential opinions and two nonprecedential orders. Two of the opinions dismiss appeals from the Court of Appeals for Veterans Claims for lack of jurisdiction. The other two opinions address appeals from final written decisions of the Patent Trial and Appeal Board, which found certain patent claims unpatentable. The two orders deny petitions for writs of mandamus. Here are the introductions to the opinions and selected text from the orders.
Opinions & Orders – February 15, 2024
This morning, the Federal Circuit released three precedential opinions and one nonprecedential opinion. One of the precedential opinions addresses an appeal from a judgment of the Court of Federal Claims, which dismissed a claim for lack of subject matter jurisdiction. Another precedential opinion addresses an appeal from a judgment of the Trademark Trial and Appeal Board, which denied a petition for cancellation of mark’s registration. The third precedential opinion vacates and remands a judgment of the Court of Appeals for Veterans Claims due to impermissible fact finding. The nonprecedential opinion reverses and remands a grant of summary judgment of noninfringment by a district court in a patent case. Here are the introductions to the opinions.
Opinions & Orders – February 14, 2024
This morning, the Federal Circuit release two nonprecedential opinions. One opinion addresses a pro se appeal from a decision of the Court of Appeals for Veterans Claims. The other opinion, which includes a concurrence-in-part and dissent-in-part from Judge Schall, addresses an appeal from a district court’s final judgment of invalidity with respect to the definiteness of certain patent claims. Here are the introductions to the opinions.
Opinions & Orders – February 13, 2024
This morning, the Federal Circuit released one precedential opinion, one nonprecedential opinion, and three Rule 36 summary affirmances. The precedential opinion addresses an appeal from a judgment of the Trademark Trial and Appeal Board, which affirmed an examiner’s refusal to register a mark for failure to comply with the domicile address requirement. The nonprecedential opinion dismisses an appeal from a judgment of the Court of Appeals for Veterans Claims. Here are the introductions to the opinions and links to the summary affirmances.
Opinions & Orders – February 12, 2024
This morning, the Federal Circuit released one precedential opinion, one nonprecedential opinion, one nonprecedential order, and two Rule 36 summary affirmances. The precedential opinion, which drew a dissent from Judge Reyna, addresses the application of the Barring Act to the settlement of Combat-Related Special Compensation claims. The nonprecedential opinion addresses a pro se appeal from a district court judgment in a patent case. The nonprecedential order dismisses an appeal. Here are the introductions to the opinions and links to the dismissal and summary affirmances.