This morning, the Federal Circuit released two nonprecedential opinions, one nonprecedential order, and four Rule 36 summary affirmances.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.
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This morning, the Federal Circuit released two precedential opinions, three nonprecedential opinions, and four nonprecedential orders.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 The nonprecedential opinions address appeals related to decisions of the Merit Systems Protection Board.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.
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.
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.
Argument Preview – W. J. v. Secretary of Health and Human Services
As we mentioned yesterday, two cases being argued in September at the Federal Circuit attracted amicus briefs. One of these cases is W. J. v. Secretary of Health and Human Services. In this case, the Federal Circuit will review 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. Notably, in this pro se case, the Federal Circuit appointed amicus curiae to file a brief and argue on behalf of the appellant. This is our argument preview.
Opinion Summary – DiMasi v. Secretary of Health and Human Services
Last week, the Federal Circuit issued its opinion in DiMasi v. Secretary of Health and Human Services, a pro se vaccine case we have been following because it attracted an amicus brief. In this case, the Federal Circuit reviewed a determination by the Court of Federal Claims that a “Special Master’s denial of relief from judgment was not an abuse of discretion.” Notably, after the pro se petitioner filed informal briefs, the court issued an order appointing two attorneys to serve jointly as amicus curiae in support of the pro se petitioner’s appeal and to present oral argument. In an opinion authored by Judge Taranto and joined by Judges Prost and Moore, the Federal Circuit affirmed in part, reversed in part, and remanded. This is our opinion summary.
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 three opinions, two in takings cases and one in a vaccine case, and a summary affirmance in a case appealed from the Merit Systems Protection Board. We also highlight reply brief in a patent case and oral arguments in two cases, a patent case and a case appealed from the Merit Systems Protection Board. Here are the details.
Opinions & Orders – July 26, 2023
This morning, the Federal Circuit released an erratum in a pro se vaccine case we have been tracking because it attracted an amicus brief. Here is the link to the erratum.
Opinions & Orders – July 24, 2023
This morning, the Federal Circuit released two opinions: a precedential opinion in a patent case addressing infringement and anticipation and a nonprecedential opinion in a pro se vaccine case we have been tracking because it attracted an amicus brief. Late last Friday, the court also released a nonprecedential order dismissing an appeal. Here are the introductions to the opinions and a link to the dismissal.
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 two new patent cases; opinions in a Clean Water Act case and a pro se case; a summary affirmance in a patent case; and oral arguments in a pro se case, a trade case, and two related patent cases. Here are the details.