FedCircuitBlog

Here is this month’s update on activity in cases pending before panels of the Federal Circuit where the cases involve at least one amicus brief. We keep track of these cases in the “Other Cases” section of our blog. Today, with respect to these cases we highlight three opinions: the first in a death benefit case addressing a former spouse’s annuity, the second in a patent case, and a consolidated cases regarding the Tucker Act. We also highlight reply briefs in three patent cases, and an argument recap in a patent case that attracted two amicus briefs. 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. The opinion addresses issues related to estoppel as a result of inter partes review. The court also issued two nonprecedential opinions in a patent and employment case, and a nonprecedential order denying a petition for en banc rehearing in a patent case. Notably, with respect to the order, Chief Judge Moore wrote a concurring opinion joined by Judges Newman, O’Malley, Taranto, and Chen, while Judge Prost wrote a dissenting opinion joined by Judges Dyk and Reyna. Finally, the court issued three nonprecedential orders denying and dismissing petitions for writs of mandamus and two Rule 36 judgments. Here are the introductions to the opinions and orders.

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 The court also issued three nonprecedential opinions in employment and veterans cases.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.