FedCircuitBlog

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 The court also issued five nonprecedential opinions. Two came in patent cases appealed from the Patent Trial and Appeal Board. Two came in veterans cases appealed from the Court of Appeals for Veterans Claims. The last came in a government contract case appealed from the Armed Services Board of Contract Appeals. Here are the introductions to the opinions.

Last week, the Federal Circuit held an en banc session to hear oral argument in Taylor v. McDonough. In this case, the court is considering whether equitable estoppel may be used against the government with respect to establishing the effective date of awards of veterans’ benefits. This is our argument recap.

This morning the Federal Circuit issued a precedential opinion in an employment case appealed from the Merit Systems Protection Board. The court also released two nonprecedential opinions.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 a case appealed from the Court of Federal Claims and addresses issues related to spoliation of evidence. Finally, the Federal Circuit issued a Rule 36 judgment. Here are the introductions to the opinions and a link to the Rule 36 judgment.

Here is an update on recent en banc activity at the Federal Circuit. Recently the Federal Circuit granted en banc review in one veterans case, and last week the en banc court heard oral argument in another veterans case. As for petitions for en banc review in patent cases, the court invited a response to a petition raising a question related to claim construction. The court also received three new responses to petitions raising questions related to the Appointments Clause, claim construction, and the written description requirement. Finally, the court denied a petition raising questions related to the inducement doctrine’s interaction with the Hatch-Waxman Amendments. Here are the details.

Last Thursday the Federal Circuit granted en banc review and vacated a prior panel decision in Rudisill v. McDonough, a veterans case. According to last week’s order, the en banc court will consider the question of a veteran’s statutory entitlement to education benefits under the Montgomery GI Bill and the Post-9/11 GI Bill, and in particular what the correct entitlement period is when considering both bills and multiple qualifying periods of service. Here are the details.

This morning the Federal Circuit issued two precedential opinions in patent cases. The first opinion addresses issues related to the on-sale bar for a design patent. The second opinion addresses a district court’s finding after a bench trial that claims were invalid for failing to meet the non-obviousness requirement. Notably, Judge Newman wrote a dissenting opinion in this second case. The court also issued two nonprecedential opinions in an employment case and a veterans disability case. Finally, the court issued two Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, since our last update there is no new activity to report. With respect to petitions, two new petitions have been filed, both in patent cases. In addition, five amicus briefs were submitted in a case presenting a challenge to the Chevron doctrine. Also, the government waived its right right to respond in a pro se case. Here are the details.

This morning the Federal Circuit issued two precedential opinions. The first comes in a patent case and concerns a district court’s refusal to seal certain documents. Notably, Judge Mayer wrote an opinion dissenting from the majority’s decision to vacate and remand the case. The second comes in a government contract case. The court also issued three nonprecedential opinions in employment and veterans cases. Finally, the court released a precedential order transferring an employment case to the District of Maryland. Here are the introductions to the opinions and order.

This morning the Federal Circuit issued a precedential opinion in a patent case. In the opinion, the court explains why it reversed a district court’s denial of a motion for a preliminary injunction and remanded the case for entry of the preliminary injunction. The Federal Circuit also issued a nonprecedential opinion in a patent case. This opinion addresses the court’s appellate jurisdiction, concluding that the appropriate venue for the appeal is the Ninth Circuit. The Federal Circuit released an accompanying nonprecedential order transferring the appeal. Finally, the court issued two Rule 36 Judgments. Here are the introductions and links to the opinions and orders.

This week is Court Week at the Federal Circuit, with hearings starting today. Due to the recent spike in COVID cases, all February oral arguments will be held remotely. As it has for some time now, however, 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 nine panels to consider about 41 cases. Of these 41 cases, the court will hear oral arguments in 31. Of these argued cases, two attracted amicus briefs: one veterans case being heard en banc and one patent case. Here’s what you need to know about these two cases.