FedCircuitBlog

This morning the Federal Circuit released four precedential opinions and three nonprecedential opinions.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 All three of the nonprecedential opinions come in pro se appeals.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.

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.

This morning, the Federal Circuit released two precedential opinions, four nonprecedential opinions, and one nonprecedential order. One of the precedential opinions addresses an action brought under the Fair Labor Standards Act. The other precedential opinion, which was previously released as a nonprecedential opinion, addresses an appeal from the Trademark Trial and Appeal Board. Two of the nonprecedential opinions address appeals in patent cases—one from the Patent Trial and Appeal Board and another from a district court. The third nonprecedential opinion addresses an appeal from the Court of Appeals for Veterans Claims, ultimately finding a lack of jurisdiction. Finally, the fourth nonprecedential opinion addresses an appeal from the Civilian Board of Contract Appeals. The order dismisses an appeal. Here are the introductions to the opinions and a link to the order.

This morning, the Federal Circuit released one nonprecedential order dismissing a petition for review. Here is the link to the order.

This morning, the Federal Circuit did not release any opinions or orders on its website. Late Friday, the Federal Circuit released two nonprecedential orders, each dismissing an appeal. Here are the links to the dismissals.