Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Notably, on Friday the Supreme Court granted certiorari in a veterans case. In addition, one new petition was filed in a patent case presenting questions related to motions under Federal Rule of Appellate Procedure 60, the judicial exceptions to patent eligibility, and the application of Federal Rule of Civil Procedure 56 in patent cases; the court received waivers of the right to respond to petitions in one patent case and two pro se cases; an amicus brief was filed in a case presenting a question related to the use of Federal Circuit Rule 36 in appeals from decisions of the Patent Trial and Appeal Board; and the Court denied a petition in a patent case. Here are the details.
Opinions & Orders – January 22, 2025
This morning the Federal Circuit released two nonprecedential opinions and two nonprecedential orders. Of the nonprecedential opinions, one is a pro se veterans case and the other is a patent case on appeal from the Patent Trial and Appeal Board. Both nonprecedential orders dismiss cases. Here are the introductions to the opinions and links to the orders.
Recent Supreme Court Activity
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. With respect to petitions, six new petitions were filed in two patent cases, a trade case, and three pro se cases. The Court also received waivers of the right to respond in two pro se cases, a brief in opposition in a veterans case, two replies in support of petitions in a patent case and a veterans case, and an amicus brief in a patent case. In addition, the Court denied petitions in two patent cases and a pro se case. Here are the details.
Opinions & Orders – January 13, 2025
This morning the Federal Circuit released one precedential opinion, three nonprecedential opinions, two nonprecedential orders, and one Rule 36 summary affirmance. The precedential opinion comes in a patent case appealed from the District of Delaware. The nonprecedential opinions come in two patent cases and one pro se case. Of the nonprecedential orders, one grants an unopposed motion by the U.S. Patent and Trademark Office to remand a case back to the Patent Trial and Appeal Board, while the other similarly grants a motion by the government to remand a case back to the Merit Systems Protection Board. Here are the introductions to the opinions and orders and a link to the summary affirmance.
Opinions & Orders – January 3, 2025
This morning the Federal Circuit released a precedential opinion in a trademark case and seven nonprecedential orders. One of the orders remands a case, and the others are all dismissals. Here are the introductions to the opinion and remand order and links to the dismissals.
Opinions & Orders – December 19, 2024
This morning the Federal Circuit released three nonprecedential opinions and six nonprecedential orders. The first opinion comes in a patent case appealed from a district court. Notably, Judge Bryson concurred in part and dissented in part. The other two opinions come in veterans cases. One of the orders comes in a pro se appeal, while all the other orders dismiss cases. Here are the introductions to the opinions and first order and links to the dismissals.
Opinions & Orders – December 17, 2024
This morning the Federal Circuit released a precedential opinion in a government contract case that includes takings arguments and three nonprecedential orders dismissing appeals. Here is the introduction to the opinion and links to the dismissals.
Opinions & Orders – December 13, 2024
This morning the Federal Circuit a precedential opinion in a trade case, three nonprecedential opinions in pro se cases, and a nonprecedential order dismissing an appeal. Here are the introductions to the opinions and a link to the dismissal.
Opinions & Orders – December 11, 2024
Late yesterday the Federal Circuit released five nonprecedential orders. One denies a petition for a writ of mandamus, one transfers a case, two dismiss appeals, and one grants an agreed motion to remand a case. Today the Federal Circuit released three nonprecedential opinions and eight nonprecedential orders. Two of the opinions affirm decisions of the Patent Trial and Appeal Board, while the third affirms a decision of the Court of Appeals for Veterans Claims. One of the orders denies a petition, four transfer appeals, one dismisses an appeal, one denies a petition for a writ of mandamus, and one grants an agreed motion to remand a case. Here are the introductions to the opinions and the orders denying petitions for writs of mandamus, along with links to the transfers, dismissals, and agreed remands. This month’s motions panel had a busy couple of days!
Opinions & Orders – December 9, 2024
This morning the Federal Circuit released four precedential opinions and three nonprecedential opinions. The first precedential opinion comes in a trade case and affirms in part, vacates in part, and remands the case to the Court of International Trade. Notably, Judge Stark concurred in part and dissenting in part from the majority’s judgment. The second precedential opinion comes in a case challenging a final rule of the Department of Veterans Affairs that changed how the VA pays for noncontract ground and air ambulance transports for eligible beneficiaries. The Federal Circuit set aside the final rule. The third precedential opinion comes in a patent case. In this third case the Federal Circuit affirmed a judgment of the District of Delaware over challenges to two of the lower court’s claim constructions. The fourth precedential opinion comes in a case dismissed by the Court of Appeals for Veterans Claims for lack of jurisdiction. All three of the nonprecedential opinions come in pro se appeals. Here are the introductions to the opinions.