Opinions

Opinions & Orders – July 15, 2024

This morning the Federal Circuit released one precedential opinion, one nonprecedential opinion, one nonprecedential order, and three Rule 36 judgments. The precedential opinion affirms a judgment of the Court of International Trade, while the nonprecedential opinion affirms a judgment of the Court of Federal Claims. The order is a dismissal. Here are the introductions to the opinions and links to the order and Rule 36 judgments.

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Opinions

Opinions & Orders – July 5, 2024

This morning the Federal Circuit released four nonprecedential orders. The first two are denials of petitions, and the other two are dismissals. Here are the introductions to the denials of petitions and links to the dismissals.

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Opinions

Opinions & Orders – June 25, 2024

This morning the Federal Circuit released two precedential opinions and ten nonprecedential orders. The first opinion reverses and remands a government contract case appealed from the Court of Federal Claims. The second opinion reverses a judgment of the District of Delaware in a patent case. As for the orders, one remands a case back to the Merit Systems Protection Board, four are denials of petitions, and five are dismissals. Here are the introductions to the opinions, the introduction to the first order, and links to the remaining orders.

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Opinions

Opinions & Orders – June 20, 2024

This morning the Federal Circuit released one precedential opinion, one nonprecedential opinion, and one nonprecedential order. The precedential opinion vacates and remands a case decided by the Merit Systems Protection Board. The nonprecedential opinion affirms a judgment of the Court of Federal Claims in a vaccine case. The order is a dismissal. Here are the introductions to the opinions and a link to the dismissal.

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Opinions

Opinions & Orders – June 7, 2024

This morning the Federal Circuit released one precedential opinion, two nonprecedential opinions, and three nonprecedential orders. The precedential opinion reverses and remands in a Tucker Act case decided by the Court of Federal Claims. The first nonprecedential opinion affirms a judgment of the Court of Federal Claims, which dismissed a complaint for lack of jurisdiction. The second nonprecedential opinion dismisses an appeal from the Court of Appeals for Veterans Claims. One of the orders dismisses an appeal from the Patent Trial and Appeal Board as moot, while the two other orders are Rule 36 summary affirmances. Here are the introductions to the opinions and the links to the orders.

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Opinions

Opinions & Orders – May 28, 2024

This morning the Federal Circuit released one nonprecedential opinion and seven nonprecedential orders. The opinion affirms a district court’s judgment based on lack of patent-eligible subject matter. One of the orders transfers an appeal from to the Ninth Circuit, one terminates an appeal and transfers the case to the Court of Federal Claims, and one denies a petition for a writ of mandamus. The other four orders are dismissals. Here is the introduction to the opinion and links to the orders.

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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.

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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.

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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.

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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.

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