Argument Preview / En Banc Activity

Argument Preview – Rudisill v. McDonough

Next week, in an en banc session, the Federal Circuit will hear arguments in Rudisill v. McDonough, a veterans case. The court will consider the question of a veteran’s statutory entitlement to education benefits under the Montgomery GI Bill and the Post-9/11 GI Bill. In particular, the court will consider two related questions: (1) “for a veteran who qualifies for the Montgomery GI Bill and the Post-9/11 GI Bill under a separate period of qualifying service, what is the veteran’s statutory entitlement to education benefits;” and (2) “what is the relation between the 48-month entitlement in 38 U.S.C. § 3695(a), and the 36-month entitlement in § 3327(d)(2), as applied to veterans such as Mr. Rudisill with two or more periods of qualifying military service?” This is our argument preview.

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En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. In a pending en banc veterans case, the government filed its en banc reply brief. The court also received a new petition in a case raising a question related to the written description requirement. Here are the details.

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En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. In a pending en banc veterans case, the court received two amicus briefs in support of the appellee, a veteran. The court also received two new petitions raising questions related to obviousness-based inherency of claims, the Federal Vacancies Reform Act, and the grounds for inter partes review proceedings. Finally, the court denied two petitions for rehearing en banc raising questions related to means-plus-function limitations. Here are the details.

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En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. The court sua sponte granted en banc consideration in a case appealed from the Court of Federal Claims. In another pending en banc veterans case, the veteran filed his en banc response brief, and the Federal Circuit scheduled the case for oral argument in October. The court also received a new petition raising questions related to the court’s grant of a petition for a writ of mandamus to order transfer of a patent case from the Western District of Texas to the Northern District of California. Here are the details.

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En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. In a pending en banc veterans case, the Secretary of Veterans Affairs filed the government’s opening brief. As for pending petitions, the United States motioned for limited remand in a case raising questions related to the Appointments Clause; the court invited responses to two petitions raising questions related to means-plus-function limitations in patent claims; the court received a response to a petition raising questions related to the scope of usable prior art in inter partes review proceedings; and the court received an amicus brief supporting rehearing in one of the petitions raising questions related to means-plus-function limitations. Here are the details.

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En Banc Activity / Featured

Federal Circuit Orders En Banc Review in Veterans Case

Last Thursday the Federal Circuit granted en banc review and vacated a prior panel decision in Rudisill v. McDonough, a veterans case. According to last week’s order, the en banc court will consider the question of a veteran’s statutory entitlement to education benefits under the Montgomery GI Bill and the Post-9/11 GI Bill, and in particular what the correct entitlement period is when considering both bills and multiple qualifying periods of service. Here are the details.

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En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. Last week the court granted en banc reharing in a veteran’s case, and tomorrow the en banc court will hear oral argument in another veteran’s case. As for patent cases, the court received two new responses to petitions raising questions related to the Appointments Clause and the written description requirement, and the court invited a response to a petition raising questions related to conflicts of interest and due process. Finally, in another patent case the court received a new amicus brief supporting a petition raising a question related to claim construction. Here are the details.

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Opinions

Opinions & Orders – February 3, 2022

This morning the Federal Circuit released two precedential opinions and a precedential order. The first precedential comes in a patent case reviewing the grant of a preliminary injunction. The second comes in another patent case addressing a dispute over settlement. Notably, Judge Newman dissented from the majority’s holding. The precedential order comes in a veterans case; the en banc court granted rehearing and called for additional briefing regarding veterans’ statutory entitlement to education benefits. Here are the introductions to the opinions and text from the order.

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Panel Activity

Update on Important Panel Activity

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 one disposition in a veterans law case, two oral argument recaps in a patent case and a veterans law case, four new patent cases, a patent case with new briefing, and four upcoming oral arguments in related Tucker Act cases. Here are the details.

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News

Recent News on the Federal Circuit

Recent Federal Circuit Developments in Patent Licensing – On PharmExec.com, Johnathan Harris, Heather Brady, and Drew Hiller have written an article concerning the Federal Circuit and “recent legal developments [that] can help companies avoid infringement.”

Federal Circuit: ‘Patentees Need Not Prove Their Case at the Pleading Stage’ – In her article on LawStreetMedia.com, Christina Tobacco wrote about an opinion recently issued by the Federal Circuit where the court “considered the stringency of pleading requirements in patent infringement cases.”

SCOTUS Decides Arthrex: Much Ado about Inter Partes Reviews – Aziz Burgy posted an article on BloombergLaw.com about the Supreme Court’s recent decision in Arthrex.

Court Ruling May Let Veterans Access Both Montgomery and Post-9/11 GI Bill Benefits – Patricia Kime reported on Military.com about the Federal Circuit’s decision in Rudisill v. McDonough and how it “could require the Department of Veterans Affairs to pay veterans an additional year of education benefits under both the Montgomery GI Bill and the Post-9/11 GI Bill.”

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