In June, the Federal Circuit issued its opinion in Military-Veterans Advocacy Inc. v. Secretary of Veterans Affairs, a case we have been following because it attracted an amicus brief. In this case, Military-Veterans Advocacy petitioned the Secretary of Veterans Affairs to issue a rule that would presume Agent Orange herbicide exposure for veterans who had served during specified periods in Guam or Johnston Island. After VA denied MVA’s petition, MVA petitioned the Federal Circuit to set aside VA’s denial and remand the case for rulemaking. In an opinion authored by Judge Prost and joined by Judges Newman and Cunningham, the Federal Circuit denied MVA’s petition. This is our opinion summary.
Recent News on the Federal Circuit
Here is a report on recent news and commentary related to the Federal Circuit and its cases, including two articles related to patent eligibility and another related to the Federal Circuit’s use of summary affirmances.