FedCircuitBlog

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to the Supreme Court’s October 2021 term, the Court still has not granted any petitions in cases decided by the Federal Circuit. As for pending petitions, since our last update five new petitions were filed with the Court: one in a government contract case, one in a veterans case, two in takings cases, and one in a pro se case. Additionally, two waivers of rights to respond were filed, one amicus brief was filed in a takings case, and three briefs in opposition to petitions addressing patent eligibility and preclusion were filed. Here are the details.

On August 6 the Federal Circuit issued its opinion in Buffington v. McDonough, a case we have been following because it attracted an amicus brief. The case was argued before Chief Judge Moore as well as Judges Lourie and O’Malley. These judges considered whether the Secretary of Veterans Affairs exceeded his statutory authority when he promulgating a regulation related to the timing of resumption of disability benefits payments following a period of active military service. Chief Judge Moore authored the majority opinion in the case, affirming the U.S. Court of Appeals for Veterans Claims. Judge O’Malley dissented. This is our opinion summary. 

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 six dispositions, one new case, one case with new briefing, and one oral argument recap. Here are the details.

Federal Circuit Upholds Teva-GlaxoSmithKline Decision, Landing Another Blow to ‘Skinny’ Labels – On EndPointsNews, Zachary Brennan wrote about the Federal Circuit’s most recent disposition in the case GlaxoSmithKline LLC v. Teva Pharmaceuticals USA, Inc. and its impact on generic drug competition.

CAFC Again Says Teva Induced Infringement on Carvedilol, Assures Holding Narrowly Applies – Eileen McDermott also reports on GlaxoSmithKline LLC v. Teva Pharmaceuticals USA, Inc., noting that the Federal Circuit “underscored its October 2020 ruling.”

Fed Circ Upholds VA Cutoff On Resuming Disability Benefits – Barbara Grzincic wrote an article for Reuters explaining the Federal Circuit’s decision in Buffington v. McDonough.

Is the Federal Circuit Too Trigger-Happy Invalidating Means Claims? – This question is asked by Dennis Crouch on PatentlyO, where Crouch focuses on “an interesting petition to the Supreme Court focusing on indefiniteness and means-plus-function claims.”

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Currently, with respect to the Supreme Court’s October 2021 term, the Court has not granted any petitions in cases decided by the Federal Circuit. As for pending petitions, since our last update four new petitions were filed in a patent case, a case challenging the Federal Circuit’s use of Rule 36 summary affirmances, and two pro se cases; the government submitted waivers of right to respond in four pro se cases; and the government filed a brief in opposition in a veterans case. Here are the details.

This morning the Federal Circuit issued a precedential opinion in a veterans case over a dissent by Judge O’Malley. The court also issued two nonprecedential opinions, one in an appeal from the Court of Federal Claims and the other in an appeal from a determination of the International Trade Commission in a patent dispute. Additionally, the court issued a nonprecedential order unsealing its opinion in the appeal from the International Trade Commission. Here are the introductions to the opinions and the order.

This morning the Federal Circuit issued a precedential opinion in a government contract case, a nonprecedential opinion affirming the denial of a Rule 60(b) motion, and a nonprecedential opinion in a veterans case. The court also issued three nonprecedential orders, including two orders in patent cases denying petitions for writs of mandamus seeking to order the Western District of Texas to transfer the underlying cases. Here are the introductions to the opinions and orders.

This morning the Federal Circuit issued two precedential opinions, one affirming a district court’s motion to dismiss for improper venue and another dismissing a case for lack of jurisdiction. The court also issued two nonprecedential opinions, one affirming a decision by the Merit Systems Protection Board to dismiss for lack of jurisdiction and another affirming a decision by the Court of Appeals for Veterans Claims for lack of jurisdiction. Here are the introductions to the opinions.

Last Friday the Federal Circuit sua sponte vacated its June 30, 2021 panel decision in Taylor v. McDonough, a veterans case asking whether a veteran was entitled to an earlier effective date for his benefits due to restraints on his ability to disclose his participation in “chemical agent exposure studies at the Edgewood Arsenal in Edgewood, Maryland (Edgewood Program).” The Federal Circuit also granted en banc review of the case. According to Friday’s order, the en banc court will consider whether application of the doctrine of equitable estoppel to provide the veteran with the earlier effective date violates the Constitution’s Appropriations Clause and, conversely, whether denial of the earlier effective date violates the constitutional right-of-access doctrine. Here are the details.

This morning the Federal Circuit issued a precedential opinion in a veterans case, reversing a decision of the United States Court of Appeals for Veterans Claims. The court also issued a nonprecedential opinion dismissing an appeal in another case appealed from the same court. Here are the introductions to the opinions.