Opinions

Opinions & Orders – May 17, 2022

This morning the Federal Circuit released a precedential opinion in a veterans case appealed from the Court of Appeals for Veterans Claim; a nonprecedential opinion in a patent case appealed from the Patent Trial and Appeal Board; and a nonprecedential order granting a motion to voluntarily dismiss an appeal. Here are the introductions to the opinions and text from the order.

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Opinions

Opinions & Orders – May 13, 2022

This morning the Federal Circuit released two precedential opinions. The first comes in a patent case appealed from the Patent Trial and Appeal Board. Notably, Judge Newman dissented, disagreeing with the majority’s decision to dismiss the case for lack of jurisdiction. The second comes in a case appealed from the Court of Federal Claims. In this case, the Federal Circuit reverses the Court of Federal Claims’ dismissal and remands the case. The Federal Circuit also released a nonprecedential opinion in a veterans case appealed from the Court of Appeals for Veterans Claims. Finally, the court issued two nonprecedential orders and two Rule 36 judgments. Here are the introductions to the opinions, text from the orders, and links to the Rule 36 judgments.

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Opinions

Opinions & Orders – May 12, 2022

This morning the Federal Circuit released two nonprecedential opinions. The first comes in a petition to review a decision of the Merit Systems Protection Board, which had dismissed an appeal as moot. The second comes in a veterans case appealed from the Court of Appeals for Veterans Claims. The Federal Circuit also released five nonprecedential orders this morning and late yesterday. One dismisses a petition for review for untimely filing; one denies a petition for a writ of mandamus for untimely filing; one denies a petition for a writ of mandamus to order the Western District of Texas to transfer a patent case; one summarily affirms; and one grants a petition to withdraw a petition for writ of mandamus. Here are the introductions to the opinions and text from the orders.

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Opinions

Opinions & Orders – May 11, 2022

This morning the Federal Circuit released two precedential opinions. The first comes in a veterans case appealed from the Court of Appeals for Veterans Claims. Notably, Judge Newman dissented. The second comes in a patent case appealed from the Central District of California. The court also released a nonprecedential opinion in a patent case appealed from the District of Utah. Finally, the court released three nonprecedential orders. One denies a petition to transfer a case to the Northern District of California; one dismisses an appeal for lack of jurisdiction and denies petitions for writs of mandamus; and one denies a petition and cross-petition to appeal from an order of the Northern District of California. Here are the introductions to the opinions and text from the orders.

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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 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 a patent case, one filed by a pro se petitioner in a veterans case, and one by another pro se petitioner in an employment case. Additionally, an amicus brief in support of a petition was filed in a patent case raising questions concerning patent eligibility; a brief in opposition was filed in another patent eligibility case; a waiver of a right to respond was filed in a patent case concerning standing; and a petitioner filed a reply in a case raising a question about the Chevron doctrine’s applicability in veterans cases. Finally, the Court denied three petitions: two in takings cases and one in a patent case. Here are the details.

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Opinions

Opinions & Orders – May 10, 2022

This morning the Federal Circuit released four nonprecedential opinions in two veterans cases, a case appealed from the Court of Federal Claims, and a case appealed from the Merit Systems Protection Board. The court also released a nonprecedential order granting a joint motion to dismiss and two nonprecedential orders granting petitions to withdraw petitions. Here are the introductions to the opinions and text from the orders.

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Opinions

Opinions & Orders – May 6, 2022

Today the Federal Circuit released four nonprecedential opinions in employment, veterans, and patent cases. The court also released seven orders. Five granted summary affirmances and two dismissed all of one case and part of another. Here are the introductions to the opinions and a list of the summary affirmances and dismissals.

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Argument Recap / Supreme Court Activity

Argument Recap – George v. McDonough

Late last month, the Supreme Court heard arguments in George v. McDonough, a case that raises an important question regarding review for clear and unmistakable error in the denial of a veteran’s claim for disability benefits: “When the Department of Veterans Affairs (VA) denies a veteran’s claim for benefits in reliance on an agency interpretation that is later deemed invalid under the plain text of the statutory provisions in effect at the time of the denial, is that the kind of ‘clear and unmistakable error’ that the veteran may invoke to challenge VA’s decision?” This is our argument recap.

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Argument Recap / Panel Activity

Argument Recap – Skaar v. McDonough

Earlier this month, the court heard oral argument in Skaar v. McDonough, in which McDonough, the Director of Veterans Affairs, appeals a decision by the Court of Appeals for Veterans Claims certifying a class action of veterans. Skaar cross-appeals to argue the court 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. Judges Moore, Newman, and Hughes heard the argument. This is our argument recap.

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Update on Important Panel Activity

Here is this month’s update on activity in cases pending before panels of the Federal Circuit where the cases involve 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 a disposition in a veterans case, two new patent cases that attracted amicus briefs, and a reply brief in a patent case. Here are the details.

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