Argument Preview

Argument Preview – National Organization of Veterans Advocates, Inc. v. Secretary of Veterans Affairs

Next week, in an en banc session of the court, the Federal Circuit will hear arguments in National Organization of Veterans Advocates, Inc. v. Secretary of Veterans Affairs. In this case, the court will consider two issues relates to veterans law: (1) whether the Federal Circuit has jurisdiction to review a generally applicable interpretive rule promulgated by the Department of Veterans Affairs through its Adjudication Procedures Manual, and (2) whether a Federal Circuit Rule impermissibly supersedes a statute of limitations. This is our argument preview.

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En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. Supplemental briefs were filed in both en banc veterans cases pending before the court, and an amicus brief was filed in one of the cases. As for petitions for en banc rehearing in patent cases, highlights include new petitions filed in two cases raising questions related to issue and claim preclusion, jurisdiction in inter partes review proceedings, and alleged due process and takings violations in an inter partes review, as well as a response to a petition that raised a question related to patent law’s non-obviousness requirement. Here are the details.

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En Banc Activity

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. In one of the two pending en banc cases addressing veterans law, the court requested the parties file supplemental briefs to address concerns with Article III standing. Other updates include new petitions raising questions related to patent marking, expert testimony, willful infringement, and sanctions; a new invitation to respond to a petition raising a question related to remedies; a new amicus brief in a case raising a question related to double-patenting; and the denial of two petitions raising questions related to patent eligibility and claim construction. Here are the details.

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Opinions

Opinions & Orders – September 16, 2020

The Federal Circuit issued a nonprecedential order in a veterans case late yesterday. This morning, the court issued a pair of Rule 36 judgments. Here is the text of the order and links to the Rule 36 judgments.

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En Banc Activity

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. In one of the two cases in which the court has granted en banc hearings, the National Organization of Veterans Advocates filed a reply brief. In cases with pending petitions for en banc consideration, highlights include responses to two petitions raising issues related to patent eligibility and inventorship, and a voluntary withdrawal of a petition related to venue.

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En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. Highlights include a sua sponte grant of an en banc hearing in a veterans case, the filing of the government’s brief in another veterans case in which the court previously granted an en banc hearing, a new petition raising questions related to patent claim construction, the denial of a petition raising questions related to injunctive relief, and the denial of a petition in a pro se case. Here are the details.

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En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. In NOVA v. Secretary of Veterans Affairs, a veterans case in which the en banc court will consider the court’s jurisdiction to review interpretive rules the Department of Veterans Affairs promulgates in its Adjudication Procedures Manual, three new amicus briefs were filed. Other highlights include new petitions in two patent cases raising questions related to venue and claim preclusion; a new response to a petition in another patent case raising questions related to jurisdiction; an invitation to respond to a petition raising questions related to patent eligibility; and the denial of a petition raising questions related to obviousness. Here are the details.

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En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. Highlights include the filing of the opening brief in National Organization of Veterans Advocates, Inc. v. Secretary of Veterans Affairs, in which the Federal Circuit granted a petition for initial hearing en banc to address two questions related to jurisdiction and veterans law. As for petitions in patent cases, highlights include a new petition raising questions related to restriction requirements and patent term adjustments; a new response to a petition raising questions related to obviousness; a new invitation for a response to a petition raising questions related to injunctive relief; and the denial of three petitions raising questions related to claim construction, prevailing party status, and forum selection clauses. Here are the details.

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News

Recent News on the Federal Circuit

Here’s the latest.

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En Banc Activity / Featured

Breaking News – Federal Circuit Grants Petition for Initial Hearing En Banc in Veterans Case

This morning the Federal Circuit granted the National Organization of Veterans Advocates’s petition for initial hearing en banc in National Organization of Veterans Advocates, Inc. v. Secretary of Veterans Affairs. NOVA requested its initial hearing to be conducted by the full court to consider two questions related to veterans law. In short, the court agreed. Here are the details.

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