Opinions

Opinions & Orders – March 8, 2024

 This morning, the Federal Circuit released one precedential opinion, one nonprecedential opinion, two dismissals, and one Rule 36 summary affirmance. The precedential opinion comes in a pro se appeal from a judgment of the Court of Federal Claims, and the nonprecedential opinion comes in an appeal from a judgment of the Court of Appeals of Veterans Claims. Here are the introductions to the opinions and links to the dismissals and summary affirmance.

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Opinions

Opinions & Orders – March 7, 2024

This morning, the Federal Circuit released one precedential opinion, two nonprecedential opinions, one dismissal, and two Rule 36 summary affirmances. The precedential opinion addresses an appeal from a judgement of the United States Court of International Trade. One of the nonprecedential opinions addresses an appeal from a judgment of the Merit Systems Protection Board, while the other addresses an appeal from a judgment of the Patent Trial and Appeal Board. Here are the introductions to the opinions and links to the dismissal and summary affirmances.

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Opinions

Opinions & Orders – March 6, 2024

This morning, the Federal Circuit released two precedential opinions, three nonprecedential opinions, three nonprecedential orders, and six Rule 36 summary affirmances. One of the precedential opinions addresses an appeal from a judgment of the Civilian Board of Contract Appeals. The other precedential opinion addresses an appeal from a district court judgment in a patent case and addresses indefiniteness. Two of the three nonprecedential opinions affirm judgments of the Patent Trial and Appeal Board. The third nonprecedential opinion affirms a judgment of the Court of Federal Claims in a pro se case. The orders are dismissals. Here are the introductions to the opinions and links to the dismissals and summary affirmances.

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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 four new cases that attracted amicus briefs: a patent case, a takings case, a veterans case, and a Little Tucker Act case. Additionally, we highlight two new reply briefs filed in patent cases. Here are the details.

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Opinions

Opinions & Orders – March 5, 2024

This morning the Federal Circuit released two precedential opinions, one nonprecedential opinion, and two nonprecedential dismissals. One of the precedential opinions addresses an appeal from five final written decisions of the Patent Trial and Appeal Board. The other precedential opinion addresses an appeal from a grant of summary judgment of noninfringement in a patent infringement case. The nonprecedential opinion affirms an arbitrator’s decision in a dispute over removal from a role with the United States Marshals Service. Here are the introductions to the opinions and links to the orders.

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Court Week

Court Week – March 2024 – What You Need to Know

This week is Court Week at the Federal Circuit. In total, the court will convene 14 panels to consider 64 cases. Of these 64 cases, the court will hear oral arguments in 50. The Federal Circuit is providing access to live audio of these arguments via the Federal Circuit’s YouTube channel. This month, five cases scheduled for oral argument attracted amicus briefs. Here’s what you need to know about these five cases.

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Opinions

Opinions & Orders – March 1, 2024

This morning, the Federal Circuit released one precedential opinion, one nonprecedential order, and one dismissal. The precedential opinion addresses an appeal from a judgment of the Court of Federal Claims in case involving claims under the Tucker Act. The nonprecedential order dismisses a case for lack of jurisdiction. Here are the introductions to the opinion and order.

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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 in two pro se cases. Additionally, a brief in opposition was filed in a patent case and three amicus briefs were filed in a veterans case. Here are the details.

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Argument Preview / Panel Activity

Argument Preview – Frantzis v. McDonough

As we reported yesterday, five cases being argued in March at the Federal Circuit attracted amicus briefs. One of these cases is Frantzis v. McDonough. In it, the Federal Circuit will review a determination by the Court of Veteran Claims that, under the Veterans Appeals Improvement and Modernization Act, a claimant is not entitled to an opportunity for a Board hearing before the Board member who ultimately decides the administrative appeal. This is our argument preview.

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Opinions

Opinions and Orders – February 27, 2024

This morning, the Federal Circuit released one precedential opinion. The opinion addresses an appeal from the Court of Appeals for Veterans Claims relating to adverse decisions rendered under the Program of Comprehensive Assistance for Family Caregivers. Here is the introduction to the opinion.

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