FedCircuitBlog

This week we are previewing two cases being argued next week at the Federal Circuit that attracted amicus briefs. Today we highlight a veterans case, Lynch v. McDonough. In this case, Lynch asks the Federal Circuit to overrule its decision in Ortiz v. Principi, a case that sets forth the burden of proof by which veterans must prove their claims. This is our argument preview.

• Patent Appeal Lessons From Fed. Circ. Remote En Banc Args – The U.S. Court of Appeals for the Federal Circuit has sat remotely en banc for only two cases in the past year, both of which have been veterans cases, but their oral arguments can provide insight to all practitioners.
• Novartis Patent on MS Drug Gilenya Evades Supreme Court Scrutiny – The Supreme Court will not explore the debate over whether being in regular competition is enough to challenge a PTAB ruling on a rival’s patent without having been sued for infringement.  
• Fourth Circuit Finds ‘Pretzel Crisps’ Plaintiffs are Not Bound to Federal Circuit Across Appeals from Distinct TTAB Decisions – The Fourth Circuit joins the Seventh and Ninth Circuits in considering the reach of the Lanham Act’s permission to seek review of a TTAB decision at either the CAFC or in federal district court.

Here’s the latest.

This morning, the Federal Circuit issued a precedential opinion in a patent case addressing patent eligibility and a precedential opinion in a veterans case involving a denial of duplicative educational benefits. Additionally, the court issued a nonprecedential opinion in a patent case. Here are the introductions to the opinions.

This morning, the Federal Circuit issued one nonprecedential opinion in a case appealed from the Merit Systems Protection Board and one nonprecedential opinion in a veterans case. The court also issued one nonprecedential order denying a petition for a writ of mandamus to reverse a transfer order by the Western District of Texas. Here are the introductions to the opinions and text from the order.

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 two dispositions, one new case with an amicus brief, one case with new briefing, one case update, three recent oral arguments, and two upcoming oral arguments. Here are the details.

This morning, the Federal Circuit issued one precedential opinion in a veterans case. Additionally, the court issued three nonprecedential opinions in patent cases. Here are the introductions to the opinions.

This morning, the Federal Circuit issued a precedential opinion in an employment case appealed from the Court of Federal Claims. The court also issued four nonprecedential opinions in a veterans case, a case appealed from the Merit Systems Protection Board, a patent case appealed from the Patent Trial and Appeal Board, and another patent case appealed from the International Trade Commission. Here are the introductions to the opinions.

This week, the Federal Circuit issued its opinion in Euzebio v. McDonough, a veterans case we have been following because it attracted two amicus briefs. Judge Wallach authored a unanimous panel opinion reversing and remanding a decision by the Court of Appeals for Veterans Claims that certain materials were not constructively before the Board of Veterans’ Appeals. This is our opinion summary.

This morning, the Federal Circuit issued a nonprecedential opinion in a veterans case and a nonprecedential order denying a petition for an interlocutory appeal. The court also issued two Rule 36 judgments. Here is the introduction to the opinion, text from the order, and links to the Rule 36 judgments.

This morning, the Federal Circuit issued two precedential opinions in government contract cases, one nonprecedential opinion in a veterans case, and one nonprecedential opinion in a patent case. Additionally, the court issued two Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgements.