FedCircuitBlog

This morning, the Federal Circuit released three precedential opinions, four nonprecedential opinions, one summary affirmance, and one nonprecedential order. Of the precedential opinions, two come in patent cases and the other comes in a veterans case. Of the nonprecedential opinions, two come in appeals from the Merit Systems Protection Board, one comes in a veterans case, and one comes in a trade case. The lone nonprecedential order dismisses an appeal. Here are the introductions to the opinions and a link to the summary affirmance and dismissal.

This morning the Federal Circuit released one precedential opinion, three nonprecedential opinions, eight nonprecedential orders, and one Rule 36 summary affirmance. The precedential opinion comes in a patent case appealed from the Patent Trial and Appeal Board. The nonprecedential opinions come in two patent cases and one pro se case. Of the nonprecedential orders, one grants a motion for summary judgment; three transfer cases; and four dismiss appeals. Here are the introductions to the opinions and orders and a link to the summary affirmance.

Here is an update on activity in cases pending before panels of the Federal Circuit where the case involves 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 new opinions, one in a case related to the rulemaking authority of the Department of Veterans Affairs, another in a takings case related to water rights, and another related to patents alleged to be improperly listed in the FDA’s Orange Book. We also highlight five new cases, two related to trade agreements, two related to takings claims, and one patent case. Finally, we note new briefing in a patent case we have been tracking. Here are the details.

The Federal Circuit issued its opinion earlier this month in Metropolitan Area EMS Authority v. Secretary of Veterans Affairs, a veterans case we have been following because it attracted an amicus brief. In this case, the Federal Circuit reviewed a rule promulgated by the Secretary of Veterans Affairs that permitted VA to pay the lesser of the actual charge or the Medicare fee schedule (MFS) amount for all non-contract ground and air ambulance transports. The petitioners in this case sought review of this rule. In an opinion authored by Judge Stoll and joined by Judges Lourie and Stark, the Federal Circuit granted the petition and set aside the rule as not in accordance with law given the governing statute. This is our opinion summary.

This morning the Federal Circuit released four precedential opinions and three nonprecedential opinions. The first precedential opinion comes in a trade case and affirms in part, vacates in part, and remands the case to the Court of International Trade. Notably, Judge Stark concurred in part and dissenting in part from the majority’s judgment. The second precedential opinion comes in a case challenging a final rule of the Department of Veterans Affairs that changed how the VA pays for noncontract ground and air ambulance transports for eligible beneficiaries. The Federal Circuit set aside the final rule. The third precedential opinion comes in a patent case. In this third case the Federal Circuit affirmed a judgment of the District of Delaware over challenges to two of the lower court’s claim constructions. The fourth precedential opinion comes in a case dismissed by the Court of Appeals for Veterans Claims for lack of jurisdiction. All three of the nonprecedential opinions come in pro se appeals. Here are the introductions to the opinions.

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 new opinions in two patent cases and one new case that attracted an amicus brief in another patent case. We also highlight new briefing in three patent cases as well as recent oral arguments in a veterans case and two patent cases. Here are the details.

Last week, the Federal Circuit heard oral argument in Metropolitan Area EMS Authority v. Secretary of Veterans Affairs, a veterans case that attracted an amicus brief. In this case the Federal Circuit is reviewing a final rule passed by the Department of Veterans Affairs that would enable VA to pay the lesser of the actual charge or the Medicare fee schedule amount for non-contract ground transports. Judges Lourie, Stoll, and Stark heard the argument. This is our argument recap.

This week is Court Week at the Federal Circuit. In total, the court will convene 8 panels to consider 43 cases. Of these cases, the court will hear oral arguments in 35. The Federal Circuit is providing access to live audio of these arguments via the Federal Circuit’s YouTube channel. This month, three cases scheduled for oral argument attracted amicus briefs. Here’s what you need to know about these three cases.

Three cases that will be argued in July at the Federal Circuit attracted amicus briefs. One of those cases is Metropolitan Area EMS Authority v. Secretary of Veterans Affairs. In this case, the Federal Circuit will review a final rule passed by the Department of Veterans Affairs that would enable VA to pay the lesser of the actual charge or the Medicare fee schedule (MFS) amount for non-contract ground and air ambulance transports. This is our argument preview.

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 one new opinion in a veterans case and four new cases that attracted amicus briefs: a veterans case and three patent cases. We also highlight new briefing in two patent cases as well as recent oral arguments in a trademark case and veterans case. Here are the details.