FedCircuitBlog

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 three dispositions in patent cases addressing estoppel related to inter partes review, anticipation, and induced infringement; new briefing in another patent case related to standing; one recent oral argument in a patent case addressing personal jurisdiction; and four upcoming oral arguments in veterans and government contracts cases.

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 five dispositions, two new cases, two cases with new briefing, and one upcoming oral argument. Here are the details.

The only case argued this week at the Federal Circuit that attracted an amicus brief was Monk v. Wilkie, a case in which nine veterans sought class certification to assert claims of unreasonable system-wide delay by the Board of Veterans Appeals in deciding appeals of denials of veterans’ claims. In our argument preview, we highlighted how the case attracted four amicus briefs, all in favor of the veterans, whose request for class certification was denied by an evenly divided en banc Court of Veterans Appeals. On Monday, the parties presented oral arguments to a panel of Federal Circuit including Judges Newman, Lourie, and Reyna. Here is our argument recap.

This week the Federal Circuit will hold 15 panel hearings and hear oral arguments in about 57 cases. Of all these cases, the only one attracting an amicus brief is Monk v. Wilkie, a case where nine veterans seek to overturn the denial of their request for class certification, the result of a 4-4 split of the en banc Court of Veterans Appeals. Notably, however, on Friday next week (outside of the traditional week the court hears arguments) the court will hold a hearing in In re Google LLC, another case attracting an amicus brief. In this case Google is seeking a writ of mandamus ordering the Eastern District of Texas to dismiss this patent case for improper venue.

Two cases being argued next week attracted amicus briefs. One is Monk v. Wilkie, a case in which Conley F. Monk, Jr. and eight other veterans sought class certification to assert claims of unreasonable system-wide delay by the Board of Veterans Appeals in deciding appeals of denials of veterans’ claims. In 2018, the Court of Veterans Appeals denied class certification in an equally divided 4-4 en banc decision. According to Monk, however, the CAVC misinterpreted Federal Rule of Civil Procedure 23(a) when it did so.