FedCircuitBlog

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Federal Circuit issued a precedential opinion in a patent case appealed from the Patent Trial and Appeal Board and two nonprecedential opinions in employment cases appealed from the Merit Systems Protection Board. The court also issued two nonprecedential orders.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.

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, which began this week, the Court still has not granted any petitions in cases decided by the Federal Circuit. Since our last update, however, two new petitions have been filed with the Court: one in a veterans case and one filed by a pro se petitioner. As for previously filed petitions, one brief in opposition and two waivers of right to respond were filed. Finally, the Court denied 22 petitions following its first conference of the new term. Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Currently, with respect to the Supreme Court’s October 2021 term, the Court has not granted any petitions in cases decided by the Federal Circuit. As for pending petitions, since our last update four new petitions were filed in a patent case, a case challenging the Federal Circuit’s use of Rule 36 summary affirmances, and two pro se cases; the government submitted waivers of right to respond in four pro se cases; and the government filed a brief in opposition in a veterans case. Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Currently, with respect to the Supreme Court’s October 2021 term, the Court has not granted any petitions in cases decided by the Federal Circuit. As for pending petitions, since our last update four new pro se petitions were filed and the government submitted a waiver of right to respond in another pro se case. Here are the details.

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 dispositions, two upcoming oral arguments, and one case with new briefing. Here are the details.

This morning, the Federal Circuit released three opinions: a precedential opinion in a patent case decided by the International Trade Commission, a precedential opinion in a veterans case, and a nonprecedential opinion in a case decided by the Merit Systems Protection Board. Here are the introductions of the opinions.

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 two dispositions, one new case with an amicus brief, one case with new briefing, one case update, three recent oral arguments, and two upcoming oral arguments. Here are the details.

One of the three cases scheduled to be argued last week at the Federal Circuit that attracted amicus briefs was a death benefit case entitled Rolfingsmeyer v. Office of Personnel Management. Normally at this point we would provide a recap of the oral argument, but last week the Federal Circuit released a nonprecedential order “remov[ing] this case from the March 5, 2021 oral argument calendar and [holding] the case in abeyance for 60 days.” Here is the full text of the court’s order.

Next week is Court Week at the Federal Circuit. As in the past several months, the court will hear most of its oral arguments telephonically given the coronavirus pandemic. Notably, however, as discussed in our recent post, “Panels B, E, H, K, and N will only be available through the online audio stream” on the Federal Circuit’s new YouTube channel. In total, the court will convene 17 panels to consider about 65 cases. Of these 65 cases, the court will hear oral arguments in 43. Of the argued cases, three attracted amicus briefs: one in a tax case, one in a patent case, and one in a death benefit case. Here’s what you need to know about these three cases.