Next week is Court Week at the Federal Circuit, and three cases scheduled to be considered next week attracted amicus briefs. One is Buffington v. McDonough, a veterans case presenting the question of whether the Secretary of Veterans Affairs validly exercised rulemaking authority when promulgating a regulation related to the timing of payment of disability benefits. This is our argument preview.
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 two recent oral arguments in a veteran’s case and a patent case, as well as three upcoming oral arguments in a patent case, veteran’s case, and a case concerning the jurisdiction of the Merit Systems Protection Board.
This morning, the Federal Circuit issued six nonprecedential opinions: four in patent cases, one in a tax case affirming a dismissal for lack of subject matter jurisdiction, and one in a veterans case. Additionally, the court issued two Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.
This morning, the Federal Circuit issued nonprecedential opinions in two veterans cases, a trademark case appealed from the Trademark Trial and Appeal Board, a patent case reversing a dismissal and remanding the case to determine standing, and another a patent case affirming the denial of attorney fees. The court also issued a Rule 36 judgment. Here are the introductions to the opinions and a link to the Rule 36 judgment.
Last week panels of the Federal Circuit heard oral arguments in two cases that attracted amicus briefs. In one, Lynch v. McDonough, Lynch asks the court to overrule Ortiz v. Principi, a case setting forth the burden of proof by which veterans must prove their claims. Chief Judge Prost and Circuit Judges Dyk and Clevenger heard the oral argument. This is our argument recap.
This morning, the Federal Circuit issued four nonprecedential opinions: two in veterans cases both dismissed for lack of jurisdiction, one in a patent case, and one in a case appealed from the Merit Systems Protection Board. The court also issued four Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.
This week is Court Week at the Federal Circuit. As in the past several months, the court will hear its oral arguments telephonically given the coronavirus pandemic. Notably, however, this month the Federal Circuit is providing access to live audio of each panel scheduled for argument via the Federal Circuit’s YouTube channel rather than via telephone conference calls as in past months. In total, the court will convene 16 panels to consider about 61 cases. Of these 61 cases, the court will hear oral arguments in 41. Of the argued cases, two attracted amicus briefs: one a veterans case and one a patent case. Here’s what you need to know about these two cases.
This week we are previewing two cases being argued next week at the Federal Circuit that attracted amicus briefs. Today we highlight a veterans case, Lynch v. McDonough. In this case, Lynch asks the Federal Circuit to overrule its decision in Ortiz v. Principi, a case that sets forth the burden of proof by which veterans must prove their claims. This is our argument preview.
- Patent Appeal Lessons From Fed. Circ. Remote En Banc Args – The U.S. Court of Appeals for the Federal Circuit has sat remotely en banc for only two cases in the past year, both of which have been veterans cases, but their oral arguments can provide insight to all practitioners.
- Novartis Patent on MS Drug Gilenya Evades Supreme Court Scrutiny – The Supreme Court will not explore the debate over whether being in regular competition is enough to challenge a PTAB ruling on a rival’s patent without having been sued for infringement.
- Fourth Circuit Finds ‘Pretzel Crisps’ Plaintiffs are Not Bound to Federal Circuit Across Appeals from Distinct TTAB Decisions – The Fourth Circuit joins the Seventh and Ninth Circuits in considering the reach of the Lanham Act’s permission to seek review of a TTAB decision at either the CAFC or in federal district court.
Here’s the latest.