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, an opening merits brief was submitted in Harrow v. Department of Defense, a case concerning the Merit Systems Protection Board. With respect to petitions, three new petitions were filed with the Court in one patent case and two pro se cases, a reply brief was filed in a patent case, and the Court denied certiorari in a veterans case. Here are the details.

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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, one new petition was filed with the Court in a veterans case; two reply briefs in support of petitions were filed in a patent case and a veterans case; and the Court denied certiorari in three patent cases, three veterans cases, a trade case, a Fair Labor Standards Act case, and a pro se case. Here are the details.

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Opinions

Opinions & Orders – January 10, 2024

This morning, the Federal Circuit released one precedential opinion, three nonprecedential opinions, and one Rule 36 summary affirmance. The precedential opinion, which drew a dissent from Judge Reyna, reverses and remands a decision by the Trademark Trial and Appeal Board cancelling the registration of a trademark. One nonprecedential opinion addresses an appeal from a Veteran’s Court decision, which is ultimately dismissed due to lack of jurisdiction. Another nonprecedential opinion affirms a decision from the Patent Trial and Appeal Board finding a claim unpatentable as obvious. Finally, another nonprecedential opinion affirms a dismissal by the Court of Federal Claims. Late yesterday, the Federal Circuit also released three nonprecedential orders dismissing appeals. Here are the introductions to the opinions and links to the summary affirmance and dismissals.

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Opinions

Opinions & Orders – January 5, 2024

This morning, the Federal Circuit released five nonprecedential orders. Four dismiss appeals and one dismisses a petition for review. Here are links to the orders.

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Panel Activity

Update on Important Panel Activity

Here is an 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 new briefing in a patent case and recent oral arguments in a trademark case, a veterans case, and a takings case. Here are the details.

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Argument Recap / Panel Activity

Argument Recap – Beaudette v. McDonough

Earlier this month, the Federal Circuit heard oral argument in Beaudette v. McDonough. In this case, the Federal Circuit is reviewing whether the Court of Appeals for Veterans Claims erred in issuing a writ of mandamus to allow the Board of Veterans’ Appeals to hear appeals of adverse decisions pertaining to the Department of Veterans Affairs’ Program of Comprehensive Assistance for Family Caregivers. Judges Moore, Dyk, and Stoll heard the argument. This is our argument recap.

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Opinions

Opinions & Orders – December 26, 2023

This morning, the Federal Circuit released one precedential opinion, one nonprecedential opinion, and two nonprecedential orders. The precedential opinion concerns the construction of terms of a patent held not to be infringed. The nonprecedential opinion addresses an appeal of a final written decision of the Patent Trial and Appeal Board, which held certain claims unpatentable as obvious. One of the orders is a dismissal, and the other denies a petition and additional motions. Here are the introductions to the opinions, selected text from the denial of the petition, and a link to the dismissal.

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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. While no new petitions were filed with the Court, a brief in opposition was filed in a veterans case, a reply brief was filed in a trade case regarding separation of powers in imposing tariffs, and an amicus brief was filed in a patent case asking the Court to consider a question regarding patent eligibility. Here are the details.

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Opinions

Opinions & Orders – December 18, 2023

Today, the Federal Circuit released one precedential opinion and six nonprecedential orders. The opinion affirms the dismissal of a pro se complaint for lack of subject matter jurisdiction but vacates an injunction the trial court imposed on the complainant. Five of the orders are dismissals, while one denies a petition seeking a writ of mandamus. Here are the introductions to the opinion and denial of the petition, following by a link to the remaining orders.

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Opinions

Opinions & Orders – December 14, 2023

On its website, today, the Federal Circuit did not release any opinions, but it did release eleven nonprecedential orders in various cases. (Judges Prost, Hughes, and Stoll were busy!) Other than an order granting a petition to transfer a patent case from the Western District of Texas to the Northern District of California, the orders are relatively run-of-the mill. They do things like dismiss petitions, summarily affirm, deny petitions, and grant undisputed motions to transfer, and dismissal appeals. Here are the introductions to ten of the orders and a link to the eleventh order, a dismissal.

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