FedCircuitBlog

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, the petitioner filed his reply merits brief in George v. McDonough, a case concerning the scope of clear and unmistakable error in the context of review of denials of veterans’ claims for benefits. As to cases with pending petitions, the government filed a brief in opposition in a veterans case challenging the Federal Circuit’s application of the Chevron doctrine. Also, following a Supreme Court request last fall, the government finally submitted the view of the United States in a patent case raising questions related to preclusion. The Court also denied three petitions: one in a government contracts case and two in patent cases. Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. This week, the Supreme Court set a date for oral argument in a veterans case that raises questions regarding the scope of clear and unmistakable error. As for still pending petitions, one new petition was filed with the Court in a patent case raising questions related to patent eligibility; one brief in opposition was filed in another patent case raising questions related to enablement; and one reply in support of a petition was submitted in a government contract case. Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, the petitioner submitted his opening merits brief in George v. McDonough, a case which raises a question related to clear and unmistakable error in the context of a denial of a veteran’s claim for benefits. With respect to petitions, three new petitions have been filed: one raising a question in a takings case and two filed by pro se petitioners. The government filed a brief in opposition in a case concerning a government contract. The government also filed waivers of right to respond in a case appealed from the Merit Systems Protection Board as well as in a case submitted by a pro se petitioner. Finally, the Court denied certiorari in a patent case as well as in two cases filed by pro se petitioners. Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to the Supreme Court’s October 2021 term, the Court still has not granted any petitions in cases decided by the Federal Circuit. Since our last report, however, ten new petitions have been filed in patent, government contract, veterans, and pro se cases; briefs in opposition have been filed in three patent and veterans cases; replies in support of petitions have been filed in three patent cases; the Court requested a response to a petition in a patent case; and the Court denied petitions in three patent, trademark, and pro se cases. Here are the details.

This morning, the Federal Circuit released a nonprecedential order in a patent case denying a petition for a writ of mandamus seeking to order the Western District of Texas both to rule on a pending motion to transfer and to stay all other proceedings until that motion is resolved. The Federal Circuit also released five Rule 36 judgments. Here is text from the order and links to the Rule 36 judgments.