FedCircuitBlog

This morning the Federal Circuit issued two precedential opinions. The first comes in a patent case and concerns a district court’s refusal to seal certain documents. Notably, Judge Mayer wrote an opinion dissenting from the majority’s decision to vacate and remand the case. The second comes in a government contract case. The court also issued three nonprecedential opinions in employment and veterans cases. Finally, the court released a precedential order transferring an employment case to the District of Maryland. Here are the introductions to the opinions and order.

Last Monday, the Federal Circuit issued its opinion in Cross v. Office of Personnel Management, a case we have been following because it attracted an amicus brief. The case was argued before Judges Moore, Schall, and Stoll. On appeal, Cross asked the Federal Circuit to reverse a decision of the Merits Systems Protection Board regarding the denial of survivor benefits. In particular, the petitioner claimed survivor benefits as a surviving former spouse when her deceased former husband failed affirmatively to re-elect her survivor benefits during the few months between their divorce and his death. On appeal, the Federal Circuit reversed the Board’s denial of survivor benefits. This is our opinion summary.

This morning the Federal Circuit issued two nonprecedential opinions. The first comes in a patent case also involving trade secrets. This case was appealed from the Central District of California. The second comes in an employment case appealed from the Merit Systems Protection Board. Here are the introductions to the opinions.

In December, the Federal Circuit heard oral argument in Cross v. Office of Personnel Management, an appeal from the Merit Systems Protection Board. We have been following this death benefit case because it attracted an amicus brief. On appeal, Cross asks the Federal Circuit to reverse a decision of the Merits Systems Protection Board regarding the denial of survivor benefits. In particular, the petitioner is claiming survivor benefits as a surviving former spouse when her deceased former husband failed affirmatively to re-elect her survivor benefits during the few months between their divorce and his death. Judges Moore, Schall, and Stoll heard last Wednesday’s argument. This is our argument recap.

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 week is Court Week at the Federal Circuit, with hearings starting today. As it has for some time now, the Federal Circuit is providing access to live audio of each panel scheduled for argument via the Federal Circuit’s YouTube channel. In total, including a case set to be argued next week, the court will convene 15 panels to consider about 61 cases. Of these 61 cases, the court will hear oral arguments in 48. Of these argued cases, three attracted amicus briefs: two veterans cases and a benefits case. Here’s what you need to know about these three cases.

This week we are previewing three cases scheduled to be argued next week at the Federal Circuit. Each of these three cases attracted at least one amicus brief. Today we highlight a benefits case, Cross v. Office of Personnel Management. In this case, Cross asks the Federal Circuit to reverse a decision of the Merits Systems Protection Board regarding the denial of survivor benefits. In particular, the petitioner is claiming survivor benefits as a surviving former spouse when her deceased former husband failed affirmatively to re-elect survivor benefits during the few months between their divorce and his death. The appeal attracted an amicus brief filed by the Merit Systems Protection Board. This is our argument preview.

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 has not granted any petitions in cases decided by the Federal Circuit since our last update. One new petition, however, was filed with the Court in a case involving an appeal from the Merit Systems Protection Board. As for previously filed petitions, one amicus brief, three briefs in opposition, and one reply were filed with the Court in employment, trademark, patent, and takings cases. Additionally, the government filed a waiver of right to respond in a pro se case. Finally, the Court denied three petitions in Tucker Act, patent, and pro se cases. Here are the details.

This morning the Federal Circuit issued a precedential opinion in a patent case appealed from the Patent Trial and Appeal Board and two nonprecedential opinions in employment cases appealed from the Merit Systems Protection Board. The court also issued two nonprecedential orders. In the first order, the court denied a petition for a writ of mandamus seeking to vacate an order transferring a patent case from the District of Colorado to the Western District of Texas. In the second order, the court granted a petition for a writ of mandamus directing the Western District of Texas to transfer a patent case. Finally, the Federal Circuit released three Rule 36 judgments. Here are the introductions to the opinions and orders and links to the Rule 36 judgments.

This week we have previewed three cases being argued next week at the Federal Circuit that attracted amicus briefs. We had planned to preview one additional case, Cross v. Office of Personnel Management. In this case, Cross asks the Federal Circuit to reverse a decision of the Merits System Protection Board regarding survival benefits. Notably, the Merit Systems Protection Board filed an amicus brief. The court, however, postponed the oral argument for this case until further notice.