Opinions

Opinions & Orders – December 21, 2022

This morning the Federal Circuit released a precedential opinion in a veterans case appealed from the Court of Appeals for Veterans Claims. In it, the Federal Circuit affirmed the denial of a veteran’s challenge to the reduction of his disability rating. Notably, Chief Judge Moore dissented. The Federal Circuit also released a nonprecedential opinion in a patent case appealed from the District of Delaware. Finally, the Federal Circuit released three nonprecedential orders. The first transfers an appeal to the Court of Appeals for the Fifth Circuit; the second transfers an appeal to the Court of Appeals for the Third Circuit; and the third dismisses an appeal. Here are the introductions to the opinions, text from the orders, and a link to the dismissal.

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En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. The en banc court issued a long-awaited opinion last week in a veterans case addressing the question of a veteran’s statutory entitlement to education benefits under the Montgomery GI Bill and the Post-9/11 GI Bill. As for petitions in patent cases, the court invited a response to a petition raising a question related to the written description requirement and received two amicus briefs supporting rehearing in the same case. Here are the details.

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Opinions

Opinions & Orders – December 19, 2022

This morning the Federal Circuit released two precedential opinions and a nonprecedential opinion. The first precedential opinion comes in a patent case appealed from the Western District of Wisconsin. In it, the Federal Circuit reverses the district court’s grant of summary judgment and remands the case. The second precedential opinion comes in a veterans case appealed from the Court of Appeals for Veterans Claims. In it, the Federal Circuit affirms the denial of a request for benefits. Notably, Judge Reyna filed a concurring opinion. The nonprecedential opinion comes in a patent case appealed from the Patent Trial and Appeal Board. The Federal Circuit also released a precedential order in a Vaccine Act case appealed from the Court of Federal Claims. In its order, the Federal Circuit identifies certain issues raised in the appeal to be addressed in new briefings. Finally, the court released a nonprecedential order dismissing an appeal. Here are the introductions to the opinions, text from the order, and a link to the dismissal.

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Opinions

Opinions & Orders – December 15, 2022

This morning the Federal Circuit released a precedential en banc opinion in a veterans case appealed from the Court of Appeals for Veterans Claims. In the court’s majority opinion, the Federal Circuit reversed, holding that a statute limiting educational assistance applies to veterans with multiple periods of service. Notably, both Judge Newman and Judge Reyna filed separate dissenting opinions. The Federal Circuit also released five nonprecedential opinions today. One comes in a case appealed from the Court of Federal Claims; one comes in a veterans case appealed from the Court of Appeals for Veterans Claims; and three come in patent cases appealed from the Patent Trial and Appeal Board. Finally, the court released three nonprecedential orders. Two dismiss appeals, and one grants motions to sever claims and transfer remaining claims to the District of Colorado. Here are the introductions to the opinions, text from the order granting the motions, and links to the dismissals.

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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, there is no new activity to report since our last update. With respect to petitions, two new petitions were filed, both in pro se cases; the government waived its right to respond in two other pro se cases and a Merit Systems Protection Board case; the government filed a brief in opposition in a veterans case; three petitioners filed reply briefs in three takings cases; two amicus briefs were filed in a veterans case and one amicus brief was filed in a patent case concerning inter partes review estoppel; and, finally, the Court denied three petitions, one in a judicial disqualification case and two in pro se cases. Here are the details.

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Opinions

Opinions & Orders – December 9, 2022

Today the Federal Circuit released an erratum and two orders dismissing appeals. Here are links to the court’s documents.

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Opinions

Opinions & Orders – December 8, 2022

Today, the Federal Circuit released two precedential opinions, one in a government contract case appealed from the Court of Federal Claims and one in a patent case appealed from the Patent Trial and Appeal Board. The Federal Circuit also released four nonprecedential opinions in cases appealed from the Merit Systems Protection Board, an arbitrator, and the Court of Appeals for Veterans Claims. The Federal Circuit also released two nonprecedential orders, two summary affirmances, and one dismissal. Here are the introductions to the opinions and links to the summary affirmances and dismissal.

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Opinions

Opinions & Orders – December 7, 2022

This morning, the Federal Circuit released two Rule 36 summary affirmances and two orders dismissing appeals. Here are links to judgments and orders.

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Opinions

Opinions & Orders – December 6, 2022

This morning, the Federal Circuit released a nonprecedential opinion dismissing a pro se appeal for lack of jurisdiction. The court also released a summary affirmance and an order dismissing an appeal. Here is the introduction to the opinion and links to the summary affirmance and dismissal.

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Opinions

Opinions & Orders – December 2, 2022

This morning the Federal Circuit released a precedential opinion in a veterans case and a nonprecedential order denying a petition for a writ of mandamus seeking to order the District of Delaware to vacate an order setting an evidentiary hearing. The Federal Circuit also released two orders dismissing appeals. Here is the introduction to the opinion, text from the order, and links to the dismissals.

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