Court Week

Court Week – What You Need to Know

This week is Court Week at the Federal Circuit, with hearings starting today. 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 eight panels to consider 37 cases. Of these 37 cases, the court will hear oral arguments in 28. Of these argued cases, two cases attracted amicus briefs, one an en banc case addressing federal benefits and another a government contract case. Here’s what you need to know about these cases.

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Argument Preview

Argument Preview – Lockheed Martin Aeronautics Co. v. Secretary of the Air Force

Two cases being argued in December at the Federal Circuit attracted amicus briefs. One is Lockheed Martin Aeronautics Co. v. Secretary of the Air Force, which concerns whether the federal government’s resort to unilateral price determinations under two F-16 Aircraft contracts constituted government claims under the Contract Disputes Act of 1978. Specifically, in this case, the Federal Circuit will review a determination by the Armed Services Board of Contract Appeals that it lacked subject matter jurisdiction because the government’s price modifications did not constitute government claims. This is our argument preview.

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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 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.

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Opinions

Opinions & Orders – October 19, 2021

This morning the Federal Circuit issued three nonprecedential opinions. The first comes in a veterans case appealed from the Court of Appeals for Veterans Claims. The second and third come in government contract cases appealed from the Civilian Board of Contract Appeals and the Armed Services Board of Contract Appeals, respectively. Here are the introductions to the opinions.

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Opinions

Opinions & Orders – September 29, 2021

This morning the Federal Circuit issued two precedential opinions and one nonprecedential opinion. The first precedential opinion resulted from an appeal from the Patent Trial and Appeal Board, and in the opinion the court addressed when ex parte reexamination is available to a requester who has already made the same arguments in an inter partes review proceeding. The second precedential opinion resulted from an appeal from the Armed Services Board of Contract Appeals, and in the opinion the court addressed issues related to government contract claims. The nonprecedential opinion resulted in another appeal from the PTAB. Here are the introductions to the opinions.

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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 two dispositions, one new patent case, and new briefing in another patent case. Here are the details.

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Opinions

Opinion Summary – Boeing Co. v. Secretary of the Air Force

Last week, the Federal Circuit decided Boeing Co. v. Secretary of the Air Force, a government contract case we have been following because it attracted an amicus brief. Judge Lourie authored a unanimous panel opinion reversing a denial of summary judgment by the Armed Services Board of Contract Appeals, vacating the Board’s entry of final judgment, and remanding. In particular, the Federal Circuit agreed with Boeing’s interpretation of a clause of the Defense Federal Acquisition Regulation Supplement as permitting marking of technical data provided to the government in a way that protects rights against use by third parties. This is our opinion summary.

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Opinions

Opinions & Orders – December 21, 2020

This morning, the Federal Circuit issued a precedential opinion in a case appealed from the Merit Systems Protection Board, a precedential opinion in a case appealed from the Armed Services Board of Contract Appeals, and a precedential opinion in a veterans case. The Federal Circuit also issued two nonprecedential opinions in a veterans case and a patent case. Here are the introductions to the opinions.

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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 case, new briefs filed in two patent cases raising due process questions related to post grant review proceedings, four recent oral arguments in veterans and government contracts cases, and four upcoming oral arguments in patent, veterans, and takings cases.

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Argument Recap

Argument Recap – Boeing Co. v. Secretary of the Air Force

Yesterday, the Federal Circuit also heard oral argument in Boeing Co. v. Secretary of the Air Force. We have been following this case because it attracted an amicus brief. In it, the court is considering whether the Armed Services Board of Contract Appeals erred in holding that the Defense Federal Acquisition Regulation Supplement 252.227-7013 precludes government contractors from marking technical data delivered to the Government in a certain way. In particular, Boeing argues it should be permitted to mark technical data in a way that (a) recognizes the Government’s unlimited rights in the data, (b) does not restrict or impair the Government’s rights, and (c) restricts only the rights of third parties to use the data absent permission from the contractor or the Government. This is our argument recap.

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