Opinions

Opinions & Orders – May 9, 2024

This morning the Federal Circuit released one precedential opinion, four nonprecedential opinions, and two summary affirmances. The precedential opinion reverses and remands a judgment of the Court of Appeals for Veterans Claims. The first nonprecedential opinion affirms a judgment in a case appealed from the Patent Trial and Appeal Board, the second dismisses an appeal from the Court of Appeals for Veterans Claims, the third affirms the the Court of Federal Claims’s denial of a petition to review a Special Master’s dismissal of a claim under the Childhood Vaccine Injury Act, and the fourth affirms a judgment of the Court of Federal Claims concerning a veteran’s claims. The Federal Circuit also released two nonprecedential orders affirming appeals under Rule 36. Here are the introductions to the opinions and links to the orders.

Read More
Panel Activity

Update on Important Panel Activity

Here is an 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 opinions in cases that attracted amicus briefs: an Equal Pay Act case, a vaccine case, and a veterans case. Additionally, we highlight two new patent cases, new briefing in two patent cases, and oral arguments in nine cases last and this month. Here are the details.

Read More
Opinions / Panel Activity

Opinion Summary – W. J. v. Secretary of Health and Human Services

In late February, the Federal Circuit issued its opinion in W.J. v. Secretary of Health and Human Services, a case we have been following because it attracted an amicus brief. In this case, the Federal Circuit reviewed a judgment of the Court of Federal Claims upholding a special master’s decision to grant a motion to dismiss a petition for compensation under the National Vaccine Injury Compensation Program. The Federal Circuit appointed amicus curiae counsel to present arguments on behalf of the appellant. In an opinion by Judge Lourie that was joined by Judges Dyk and Stark, the Federal Circuit affirmed the conclusion of the Court of Federal Claims “that equitable tolling was not appropriate and, thus, that Appellants’ petition was not timely filed under 42 U.S.C. § 300aa-16(a)(2).” This is our opinion summary.

Read More
Opinions

Opinions & Orders – February 21, 2024

This morning, the Federal Circuit released one precedential opinion and four nonprecedential orders. Late yesterday, the Federal Circuit also released another nonprecidential order. The opinion affirms a judgment of the United States Court of Federal Claims in a vaccine case. One of the orders dismisses an appeal, and another grants a motion to transfer a case to the Middle District of Alabama. The other three orders also dismiss appeals. Here are the introductions to the opinion and two of the orders and links to the three of the dismissals.

Read More
Opinions

Opinions & Orders – December 6, 2023

This morning, the Federal Circuit released one precedential opinion in a trade case appealed from the Court of International Trade and four nonprecedential opinions in pro se cases. The Federal Circuit also released four nonprecedential orders, three granting summary affirmances and one dismissing an appeal. Here are the introductions to the opinions and links to the orders.

Read More
Panel Activity

Update on Important Panel Activity

Here is an 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 recent opinions in cases that attracted amicus briefs: one a patent case and one a trade case; three new cases we have identified that attracted amicus briefs: a takings case, a trademark case, and a veterans case; and new briefing in several cases that previously attracted amicus briefs: a new response brief in a patent case, two new reply briefs in patent cases, and supplemental briefing in a pro se case. Here are the details.

Read More
Opinions

Opinions & Orders – November 14, 2023

This morning, the Federal Circuit released two nonprecedential opinions, one nonprecedential order, and four Rule 36 summary affirmances. Both opinions address jurisdictional issues, with one affirming a Merit Systems Protection Board dismissal for lack of jurisdiction and another dismissing an appeal from the Court of Appeals for Veterans Claims for lack of jurisdiction. The order grants a motion to withdraw a petition. Here are the introductions to the opinions and links to the withdrawal and summary affirmances.

Read More
Opinions

Opinions & Orders – November 7, 2023

This morning, the Federal Circuit released two precedential opinions, three nonprecedential opinions, and four nonprecedential orders. One precedential opinion addresses an appeal from an inter partes review final written decision in a patent case. The other precedential opinion addresses an appeal from a decision of the Court of Appeals for Veterans Claims. The nonprecedential opinions address appeals related to decisions of the Merit Systems Protection Board. Of the four orders, one transfers a case and the remaining three are dismissals. Here are the introductions to the opinions, selected text from the transfer and links to the dismissals.

Read More
Panel Activity

Update on Important Panel Activity

Here is an 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 a new patent case, a reply brief in another patent case, oral arguments in a takings case and a pro se case, and an opinion in a patent case. Here are the details.

Read More
Court Week

Court Week – September 2023 – What You Need To Know

This week is Court Week at the Federal Circuit. In total, the court will convene eight panels to consider 41 cases. Of these 41 cases, the court will hear oral arguments in 27. The Federal Circuit is providing access to live audio of these arguments via the Federal Circuit’s YouTube channel. This month, two cases attracted amicus briefs. Here’s what you need to know about these two cases.

Read More