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, there is no new activity to report. With respect to petitions, one new petition was filed in a pro se case, new waivers of the right to respond were filed by the government in one takings case and three pro se cases, and one new reply in support of a petition was filed in a patent case raising a question regarding the relationship between patent term adjustment and obvious-type double patenting. Here are the details.

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Court Week / Opinions

Opinion Summary – Freund v. McDonough

Late last month the Federal Circuit issued its opinion in Freund v. McDonough, a veterans case that attracted two amicus briefs. In this case, the Federal Circuit reviewed whether the Court of Appeals for Veterans Claims erred in dismissing the case as moot and denying Freund’s request for class certification. In an opinion authored by Judge Dyk that was joined by Judges Hughes and Stoll, the Federal Circuit vacated the judgment and remanded the case to the Court of Appeals for Veterans Claims. The Federal Circuit held that the case was not moot as to the class claims because it “satisfie[d] the inherently transitory standard” and that the lower court “abused its discretion in finding that the adequacy and commonality requirements for class certifications were not met.” This is our opinion summary

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Opinions

Opinions & Orders – September 9, 2024

This morning the Federal Circuit released one precedential opinion, two nonprecedential opinions, and one Rule 36 judgment. The precedential opinion reverses a grant of summary judgment in a patent infringement case and remands the case for further proceedings. The first nonprecedential opinion dismisses an appeal of a decision from the Court of Appeals for Veterans Claims, while the second nonprecedential opinion affirms a decision of the Merit Systems Protection Board. Here are the introductions to the opinions and a link to the Rule 36 judgment.

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Opinions

Opinions & Orders – September 6, 2024

This morning the Federal Circuit released one precedential opinion, two nonprecedential opinions, and three Rule 36 judgments. The precedential opinion vacates a judgment of non-infringement, reverses an exclusion of testimony, and remands a patent case for further proceedings. The first nonprecedential opinion affirms a judgment of the Court of Federal Claims in a case in which a veteran requested a retroactive promotion. The second nonprecedential opinion dismisses an appeal from the Court of Appeals for Veterans Claims. Here are the introductions to the opinions and links to the Rule 36 judgments.

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Opinions

Opinions & Orders – September 5, 2024

This morning the Federal Circuit released three nonprecedential opinions, one nonprecedential order, and four Rule 36 judgments. The first nonprecedential opinion dismisses an appeal from an order of the Court of Appeals for Veterans Claims. The second and third nonprecedential opinions affirm decisions of the Merit Systems Protection Board. The nonprecedential order is a dismissal. Here are the introductions to the opinions and links to the Rule 36 judgments and order.

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Panel Activity

Update on Important Panel Activity

Here is an update on activity in cases pending before panels of the Federal Circuit where the case involves at least one amicus brief. We keep track of these cases in the “Other Cases” section of our blog. Today with respect to these cases we highlight four recent opinions, four new cases, new briefing in three cases, and a recent oral argument. Here are the details.

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Opinions

Opinions & Orders – August 29, 2024

This morning the Federal Circuit released two precedential opinions, two nonprecedential opinions, and five nonprecedential orders. The first precedential opinions affirms a judgment of the Court of Appeals for Veterans Claims, while the second affirms a judgment of the Western District of Wisconsin in a patent case. As for the nonprecedential opinions, the first comes in an appeal from the Patent Trial and Appeal Board and the second in an appeal from the International Trade Commission. The five nonprecedential orders were all dismissals. Here are the introductions to the opinions 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 the two cases pending at the Supreme Court that were previously decided by the Federal Circuit, merits briefs and amicus briefs were filed. With respect to petitions, five new petitions were filed, three briefs in opposition to petitions were filed, two new waivers of the right to respond were filed, and one new amicus brief was filed. Here are the details.

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Opinions

Opinions & Orders – August 27, 2024

This morning the Federal Circuit released one precedential opinion. It affirms a decision of the Court of Appeals for Veterans Claims regarding attorneys fees. Here is the introduction to the opinion.

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Opinions

Opinions & Orders – August 26, 2024

This morning the Federal Circuit released two nonprecedential orders. Both orders are dismissals. Additionally, late in the day on Friday the Federal Circuit released an additional nonprecedential order vacating a panel opinion and, among other things, remanding the case to the Patent Trial and Appeal Board. Here is the introduction to Friday’s nonprecedential order as well as links to the dismissals.

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