Opinions

Opinions & Orders – June 10, 2021

This morning the Federal Circuit issued two precedential opinions, one in a veterans case and the other in an international trade case. The court also issued a precedential order transferring an antitrust case to the Fifth Circuit based on a lack of appellate jurisdiction at the Federal Circuit. The Federal Circuit also issued a nonprecedential opinion in a patent case appealed from the Patent Trial and Appeal Board and a Rule 36 judgment. Here are the introductions to the opinions and the order and a link to the Rule 36 judgment.

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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. As for granted cases, we are still waiting for the Court to issue opinions in the two pending patent cases. As for petitions, a new petition was filed in a pro se veterans case; five petitioners filed reply briefs in cases presenting questions related to Tucker Act, patent, and takings law; one petitioner filed a motion to dismiss in a patent case; and the Court denied five petitions in cases involving patent, contracts, and veterans law.

Here are the details.

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Opinions

Opinions & Orders – June 9, 2021

This morning the Federal Circuit issued three precedential opinions in veterans cases, a nonprecedential opinion in a case dismissed by the Court of Federal Claims for lack of jurisdiction, another nonprecedential opinion in a case appealed from the Bureau of Justice Assistance regarding death benefits, and a Rule 36 judgment. Here are the introductions to the opinions and a link to the Rule 36 judgment.

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Opinions

Opinions & Orders – June 3, 2021

This morning the Federal Circuit issued two precedential opinions: one affirming a district court in a patent case and one affirming the Court of Appeals for Veterans Claims in a veterans case. Here are the introductions to the opinions.

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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.

  • The Court invited the Acting Solicitor General to file a brief in American Axle & Manufacturing, Inc. v. Neapco Holdings LLC, a patent case presenting questions related to eligibility.
  • Five new petitions were filed in patent, veterans, Tucker Act, and trademark cases.
  • Seventeen new briefs in opposition were filed in sixteen cases.
  • Five new reply briefs were filed.
  • One supplemental brief was filed.
  • One amicus brief was filed in a patent case.
  • Five waivers of right to respond were submitted.
  • The Court denied eight petitions.

Here are the details.

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Opinions

Opinions & Orders – May 20, 2021

This morning the Federal Circuit issued a precedential opinion reversing a judgment of the United States Court of Federal Claims in a vaccine case. The court also issued two nonprecedential opinions, one in a veterans case and one in a patent case. Here are the introductions to the opinions.

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Opinions

Opinions & Orders – May 10, 2021

This morning, the Federal Circuit released six nonprecedential opinions in three patent cases, a trademark case, a veterans case, and a case appealed from the Merit Systems Protection Board. The court also released a nonprecedential order denying a petition for a writ of mandamus seeking to order the Western District of Texas to transfer a patent case. And the court released five Rule 36 summary affirmances. Here are the introductions to the opinions, text from the order, and a list of the summary affirmances.

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Opinions

Opinion & Orders – May 5, 2021

This morning, the Federal Circuit issued five opinions: a precedential opinion in a patent case; two nonprecedential opinions involving the same appellant challenging separate decisions of the Merit Systems Protection Board; a nonprecedential opinion in a veterans case; and a nonprecedential opinion in an employment law case challenging an arbitrator’s decision. Here are the introductions of the opinions.

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Opinions

Opinions & Orders – May 4, 2021

This morning, the Federal Circuit released a nonprecedential opinion affirming a judgment by the Patent Trial and Appeal Board in an inter partes review proceeding. The court also released a nonprecedential order denying a petition for a writ of mandamus in a patent infringement case in which the parties disputed whether settlement agreements were discoverable or privileged. Finally, the court released a Rule 36 summary affirmance. Here are introductions to the opinions and a link to the summary affirmance.

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Argument Recap / Panel Activity

Argument Recap – Buffington v. McDonough

Yesterday, the Federal Circuit heard oral argument in Buffington v. McDonough, a case presenting the question of whether the Secretary of Veterans Affairs exceeded his statutory authority when promulgating a regulation related to the timing of resumption of disability benefits payments following a period of active military service. Judges Lourie, Moore, and O’Malley heard the argument. This is our argument recap.

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