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 six new cases, three of which involve petitions for writs of mandamus that were ultimately denied by the Federal Circuit. Additionally, we highlight an opinion in a government contract case and a patent case with a new briefing. Here are the details.

Last week, the Federal Circuit issued its opinion in Secretary of Defense v. Raytheon Co., a government contract case that attracted an amicus brief. In this case, the government appealed a decision by the Armed Services Board of Contract Appeals relating to Raytheon’s compliance with Federal Acquisition Regulations regarding whether lobbying and acquisition and divesture costs may be passed on to the government. Specifically, the Board rejected the government’s argument that these costs should not be passed on to the government. In an opinion authored by Judge Prost and joined by Judges Moore and Taranto, the Federal Circuit reversed this ruling and remanded the case for a determination of the costs Raytheon must pay. This is our opinion summary.

This morning the Federal Circuit released a precedential opinion in a government contracts case appealed from the Armed Services Board of Contract Appeals. In it, the Federal Circuit reversed the Board’s rejection of the government’s claim that it was charged unallowable costs. The Federal Circuit also released a nonprecedential opinion in a patent case appealed from the Western District of Virginia. Finally, the Federal Circuit released two nonprecedential orders dismissing appeals.

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 new cases, one with an upcoming oral argument. Additionally, we highlight an opinion in a patent case, a patent case with a new brief, and argument recaps for three cases that were heard in October. Here are the details.

On November 1, the Federal Circuit heard oral argument in Secretary of Defense v. Raytheon Co., a government contract case that attracted an amicus brief. In this case, the government appeals a decision of the Armed Services Board of Contract Appeals relating to Raytheon’s compliance with Federal Acquisition Regulations regarding whether lobbying and acquisition and divesture costs may be passed on to the government. The panel hearing the oral argument included Chief Judge Moore and Judges Prost and Taranto. This is our argument recap.

This week is Court Week at the Federal Circuit, with hearings starting tomorrow and extending to next Monday. As the court previously announced, some of this week’s arguments will take place in Philadelphia. Regardless of where the arguments take place—Philadelphia or Washington D.C.—the Federal Circuit is providing access to live audio of each panel scheduled for argument via the Federal Circuit’s YouTube channel. In total, the court will convene thirteen panels to consider 65 cases. Of these 65 cases, the court will hear oral arguments in 45. And of these argued cases, three cases attracted amicus briefs. Here’s what you need to know about these three cases.

This week we are previewing oral arguments scheduled for next week at the Federal Circuit in three cases that attracted amicus briefs. Today we highlight Secretary of Defense v. Raytheon Co., a government contract case in which the Secretary of Defense appeals a decision of the Armed Services Board of Contract Appeals. This appeal relates to Raytheon’s compliance with Federal Acquisition Regulations regarding whether lobbying costs and acquisition and divesture costs may be passed on to the government.

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 an opinion in a takings case, two patent cases with new briefing, one patent case in which one of three appellants voluntarily dismissed its appeal, and three cases (two takings cases and one government contracts case) with upcoming oral arguments. Here are the details.

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. As for pending petitions, since our last update one new petition was filed in a trademark case. Additionally, the government filed two waivers of right to respond. The Court also requested responses to two pending petitions in patent cases. Lastly, the Court denied seven petitions. 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.