FedCircuitBlog

This morning, the Federal Circuit released two nonprecedential opinions, three nonprecedential orders, and one Rule 36 summary affirmance. Both of the opinions address appeals from judgments of the Merit Systems Protection Board. The orders are dismissals. Here are the introductions to the opinions and links to the dismissals and summary affirmance.

Earlier this month, the Federal Circuit heard oral argument in Jones v. Merit Systems Protection Board. We’ve been following because this case because it attracted an amicus brief. In this case, the Federal Circuit is reviewing a judgment of the Merit Systems Protection Board. The Board found it lacked jurisdiction over an appeal because the appellant failed to prove he was an “employee” within the meaning of the Civil Service Reform Act of 1978. Judges Lourie, Bryson, and Stark heard the argument. This is our argument recap.

This morning, the Federal Circuit released one precedential opinion and two nonprecedential orders. The opinion addresses a dispute over the application of the Equal Pay Act and an employer’s reliance on prior compensation to justify gender pay discrepancy. The orders are dismissals. Here is the introduction to the opinion and links to the dismissals.

This morning, the Federal Circuit released one precedential opinion, one nonprecedential opinion, and four nonprecedential orders. The precedential opinion concerns a “seven-day trip of two transcatheter heart valve systems in and out of San Francisco”—and whether this act of “importation” was exempt from patent infringement under the safe harbor provision of 35 U.S.C. § 271(e)(1). Judge Lourie dissented from the majority’s interpretation of the relevant statutory language and precedent to exempt infringement in this situation. The nonprecedential opinion addresses an appeal from a decision of the Court of Appeals for Veterans Claims affirming the denial of fees. The orders are dismissals. Here are the introductions to the opinions and links to the orders.  

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.

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 pro se case, the Court requested a response to a petition in a patent case concerning obviousness, and two amicus briefs were filed in the same patent case concerning obviousness. In addition, the Court denied the petitions in three patent cases and one pro se case, and the Court dismissed the petitions in five pro se cases. Here are the details.

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: three patent cases and a case concerning the jurisdiction of the Merit System Protection Board. Additionally, we identified a new amicus brief filed in a patent case and highlight recent oral arguments in another patent case. Here are the details.

This week is Court Week at the Federal Circuit. In total, the court will convene 12 panels to consider 57 cases. Of these 57 cases, the court will hear oral arguments in 43. The Federal Circuit is providing access to live audio of these arguments via the Federal Circuit’s YouTube channel. This month, two cases scheduled for oral argument attracted amicus briefs. Here’s what you need to know about these two cases.

Two cases being argued this month at the Federal Circuit attracted amicus briefs. One of these cases is Jones v. Merit Systems Protection Board. In it, the Federal Circuit will review a judgment of the Merit Systems Protection Board. The Board found it lacked jurisdiction over an appeal because the appellant failed to prove he was an “employee” within the meaning of the Civil Service Reform Act of 1978. This is our argument preview.

This morning, the Federal Circuit released one nonprecedential opinion. It addresses an appeal from a district court’s judgment in a patent case. Late yesterday, the Federal Circuit also released one nonprecedential order dismissing a petition for review. Here is the introduction to the opinion and link to the dismissal.