FedCircuitBlog

Last week the Federal Circuit heard one case that attracted amicus briefs, National Veterans Legal Services Program v. United States. As we noted in our argument preview, in this case the court considered whether language added by the E-Government Act requires “a reduction in PACER fees” (the plaintiffs’ position), locks “in the status quo” in terms of fees (the district court’s holding), or authorizes an “expansion in fees” (the government’s position). Last Monday, the plaintiffs-appellants (National Veterans Legal Services Program, National Consumer Law Center, and Alliance for Justice) and the defendant-appellee United States presented their arguments to a panel of the court that included Judges Lourie, Clevenger, and Hughes. This is our argument recap.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights coverage by the Washington Post and Politico of Monday’s oral arguments in a case addressing whether the federal government charges excessive fees for accessing federal court documents and a comment on the need for the Federal Circuit to use en banc rehearings too resolve core patent questions such as those involving claim construction.

This week (and Tuesday of next week) the Federal Circuit will hold 16 panel hearings and hear oral arguments in about 56 cases. Amicus briefs were filed, however, in only one of these cases. That case, National Veterans Legal Services Program v. United States, has drawn attention because it is a challenge to the user fees charged by the federal judiciary for access to court records via the Public Access to Court Electronic Records (PACER) system. Notably, it has attracted five amicus briefs filed by a combined 51 third parties including various companies, media organizations, library associations, non-profit advocacy organizations, retired federal judges, and a retired U.S. senator.

Only one case being argued next week at the Federal Circuit attracted any amicus brief. That said, the case, National Veterans Legal Services Program v. United States, attracted five amicus briefs filed by 51 parties. In a nutshell, the case focuses on the legality of user fees charged by the federal judiciary for access to records via the Public Access to Court Electronic Records (PACER) system. Here is our argument preview.