FedCircuitBlog

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, the Secretary of Veterans Affairs filed its merits brief in George v. McDonough, which concerns the scope of clear and unmistakable error in the context of veterans’ claims. With respect to petitions, one new petition was filed in a case presenting a question related to Article III standing for patent licensees; a brief in opposition was submitted in a case raising questions related to patent eligibility; and reply briefs were filed in two patent cases: one raising questions related to inter partes review and one raising questions concerning enablement. Here are the details.

This morning the Federal Circuit released three nonprecedential opinions. The first comes in a veterans case appealed from the Court of Appeals for Veterans Claims. The second and third come in cases addressing the jurisdiction of the Court of Federal Claims. Finally, the Court issued a nonprecedential order granting a voluntary dismissal late yesterday. Here are the introductions to the opinions and order.

This week is Court Week at the Federal Circuit, with hearings starting today. 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 in two weeks, the court will convene 12 panels to consider about 58 cases. Of these 58 cases, the court will hear oral arguments in 41. Of these argued cases, three attracted amicus briefs: one patent case, one military records case, and one veterans case. Here’s what you need to know about these three cases.

This week we are previewing oral arguments scheduled for next week at the Federal Circuit in three cases that attracted amicus briefs. Today we highlight Skaar v. McDonough, in which McDonough, the Director of Veterans Affairs, appeals a decision by the Court of Veterans Appeals certifying a class action of veterans. Skaar cross-appeals to argue the Court of Veterans Appeals misinterpreted equitable tolling and waiver standards to exclude from the certified class veterans who had not timely appealed past agency decisions. Amicus briefs in support of Skaar were filed by the National Veterans Legal Services Program and 15 Administrative Law, Civil Procedure, and Federal Courts Professors. This is our argument preview.

This morning the Federal Circuit released a precedential opinion in a patent case appealed from the Western District of Washington. The opinion describes that the Federal Circuit reversed the judgment and remanded the case due to an incorrect claim construction ruling. The court also released two nonprecedential opinions in a patent case appealed from the Patent Trial and Appeal Board and a veterans case appealed from the Court of Appeals for Veterans Claims. Finally, the court issued three nonprecedential orders. Two of the orders dismiss cases for untimely filings, and one grants an unopposed motion to remand for arbitration. Here are the introductions to the opinions and orders.

This morning the Federal Circuit released a precedential opinion in a case appealed from the Court of Federal Claims. The Federal Circuit agreed that a claim was barred by a six-year statute of limitations. Notably, Judge Newman dissented. The court also released a nonprecedential opinion in a veterans case appealed from the Court of Appeals for Veterans Claims. Here are the introductions to the opinions.

This morning the Federal Circuit released two precedential opinions. The first opinion comes in a veterans case and addresses the prejudicial error analysis conducted by the Court of Appeals for Veterans Claims. The second opinion comes in an international trade case and addresses a tariff classification. Finally, the court late in the day yesterday released two nonprecedential orders dismissing cases. Here are the introductions to the opinions and orders.

This morning the Federal Circuit issued a precedential opinion granting in part and dismissing in part a petition to review a final rule promulgated by the Department of Veterans Affairs. The court also released two nonprecedential opinions in patent cases appealed from the Eastern District of Virginia and the Central District of California. Finally, late yesterday the court issued two nonprecedential orders dismissing cases for failure to prosecute. Here are the introductions to the opinions and orders. 

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, three new petitions have been filed: one in an Equal Access to Justice Act case and two in patent cases raising questions related to eligibility and enhanced damages; members of Congress filed an amicus brief in an employment law case that involves interpretation of the Reservists Pay Security Act; the government submitted a brief in opposition in a case concerning the Tucker Act and another brief in opposition was filed in a patent case addressing the non-obviousness requirement; the government waived its right to respond in a pro se case; and the Court denied review in four cases. Here are the details.

This morning the Federal Circuit issued two nonprecedential opinions. The first comes in a patent case appealed from the Patent Trial and Appeal Board. The second comes in a veterans case appealed from the Court of Appeals for Veterans Claims. The Federal Circuit also issued a nonprecedential order granting a motion to voluntarily dismiss a case appealed from the Merit Systems Protection Board. Here are the introductions to the opinions and order.