This morning, the Federal Circuit released two nonprecedential opinions and four nonprecedential orders. One of the nonprecedential opinions comes in a trade case appealed from the Court of International Trade involving the scope of an antidumping duty order on certain artist canvas from China. The other nonprecedential opinion comes in a patent case appealed from the Patent Trial and Appeal Board. Two of the nonprecedential orders summarily affirm judgments of the Court of Federal Claims—one in a case involving tort claims dismissed for lack of jurisdiction and another in a case involving mortgage-related claims barred under 28 U.S.C. § 1500. The third order dismisses a veterans case as untimely. Finally, the fourth order grants a joint stipulation to voluntarily dismiss a patent case appealed from the Patent Trial and Appeal Board. Here are the introductions to the opinions and orders.
Opinions & Orders – June 15, 2023
This morning, the Federal Circuit released a precedential en banc opinion in a veterans case. In the opinion, the court held “that the claim-filing effective-date provisions of [38 U.S.C.] § 5110 are unconstitutional” as applied to the appellant based on his “very rare set of circumstances.” Notably, Judge Dyk filed an opinion concurring in the judgment, and Judge Hughes filed an opinion dissenting in part and dissenting from the judgment. In addition, late yesterday and this morning the court also released two nonprecedential orders dismissing appeals. Here are the introductions to the opinions and links to the dismissals.
