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 appellant filed his en banc reply brief and the court scheduled the oral argument to occur in February. We will post an argument preview prior to the oral argument. As for petitions for rehearing en banc in patent cases, the court received two new petitions raising questions relating to the standard for enhanced damages and the Federal Circuit’s jurisdiction. The court also received responses to two petitions raising questions related to the inducement doctrine’s interaction with the Hatch-Waxman Amendments and the notice required to collect damages for infringement. Finally, the court denied three petitions raising questions related to the interpretation of a forum selection clause, a writ of mandamus, and comparable licenses and royalty calculations, and another petition in a pro se case. Here are the details.

Read More
Opinions

Opinions & Orders – December 14, 2021

This morning the Federal Circuit issued a precedential opinion reviewing an order transferring an Equal Pay Act claim from the Eastern District of Louisiana to the Court of Federal Claims. The Federal Circuit also issued two nonprecedential opinions. The first comes in an employment case appealed from the Merit Systems Protection Board, while the second comes in a trademark case appealed from the Trademark Trial and Appeal Board. Finally, the court issued two Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.

Read More
Opinions

Opinions & Orders – December 13, 2021

This morning the Federal Circuit issued a precedential opinion in a government contract case appealed from the Court of Federal Claims. The Federal Circuit also issued a nonprecedential opinion in a veterans case appealed from the Court of Appeals for Veterans Claims. Finally, the Federal Circuit issued two Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.

Read More
Opinions

Opinions & Orders – December 10, 2021

This morning the Federal Circuit released three opinions: a precedential opinion addressing jurisdiction in a case appealed from the Court of Federal Claims; a precedential opinion in an international trade case; and a nonprecedential opinion in a pro se case. Here are the introductions to the opinions.

Read More
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 the Supreme Court’s October 2021 term, the Court still has not granted any petitions in cases decided by the Federal Circuit. Since our last report, however, ten new petitions have been filed in patent, government contract, veterans, and pro se cases; briefs in opposition have been filed in three patent and veterans cases; replies in support of petitions have been filed in three patent cases; the Court requested a response to a petition in a patent case; and the Court denied petitions in three patent, trademark, and pro se cases. Here are the details.

Read More
Opinions

Opinions & Orders – December 9, 2021

This morning the Federal Circuit released two nonprecedential opinions affirming dismissals for lack of jurisdiction in pro se cases, along with a Rule 36 summary affirmance. Here are the introductions to the opinion and a link to the Rule 36 judgment.

Read More
Court Week / Panel Activity

Court Week – What You Need to Know

This week is Court Week at the Federal Circuit, with hearings starting today. As it has for some time now, the Federal Circuit is providing access to live audio of each panel scheduled for argument via the Federal Circuit’s YouTube channel. In total, including a case set to be argued next week, the court will convene 15 panels to consider about 61 cases. Of these 61 cases, the court will hear oral arguments in 48. Of these argued cases, three attracted amicus briefs: two veterans cases and a benefits case. Here’s what you need to know about these three cases.

Read More
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.

Read More
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.

Read More
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.

Read More