Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, an amicus brief was filed in support of respondent in Vidal v. Elster. With respect to petitions, two new petitions in two pro se cases were filed with the Court. Additionally, the government waived its right to respond to petitions in an employment case and in a pro se case. Here are the details.
Opinions & Orders – August 24, 2023
Today, the Federal Circuit released a precedential opinion, a nonprecedential opinion, and a nonprecedential order. The precedential opinion comes in an appeal from the Patent Trial and Appeal Board, which held all claims of a patent unpatentable as obvious. The nonprecedential opinion similarly comes in an appeal from the Patent Trial and Appeal Board and addresses the patentability of claims. Finally, the nonprecedential order dismisses a petition for failure to submit an opening brief. Here are the introductions to the opinions and a link to the dismissal.
Recent Supreme Court Activity
Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, an opening merits brief and an amicus brief were submitted in Rudisill v. McDonough, a veterans case. Five new petitions were filed, one in a personnel case and four related to the same pro se case. Additionally, three briefs in opposition were filed, one in response to a petition raising a question related to the jurisdiction of the Court of International Trade and two in response to a petition raising a question related to patent eligibility. Finally, a reply in support of a petition was filed in a case addressing hazardous duty pay for federal employees. Here are the details.
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.
Opinion Summary – Cooperman v. Social Security Administration
Last month, the Federal Circuit issued its opinion in Cooperman v. Social Security Administration, a pro se case we have been watching because it attracted an amicus brief. In this case, the Federal Circuit reviewed a judgment of the Merit Systems Protection Board that found “good cause to remove Mr. Cooperman from his position as an administrative law judge at the Social Security Administration.” In a per curiam opinion joined by Judges Lourie, Hughes, and Stark, the Federal Circuit affirmed the Board’s judgment “[b]ecause the Board’s decision is supported by substantial evidence and because the Board did not otherwise err in its analysis.” 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 an opinion in a tax case, an opinion in a government contract case, a patent case and a pro se employment case with new briefing, and an oral argument recap in a case concerning the Clean Water Act. Here are the details.
Opinions & Orders – May 16, 2023
This morning, the Federal Circuit released four nonprecedential opinions, two in patent cases and two in pro se cases appealed from the Patent Trial and Appeal Board and the Merit Systems Protection Board. The court also released two nonprecedential orders, one denying a petition for a writ of mandamus seeking to order the Patent Trial and Appeal Board to vacate an inter partes review and one dismissing an appeal. Here are the introductions to the opinions and order and a link to the dismissal.
Opinions & Orders – May 11, 2023
This morning, the Federal Circuit released a precedential opinion and a nonprecedential opinion in two cases appealed from the Merit Systems Protection Board. The court also released five nonprecedential orders, which included three summary affirmances and two dismissals. Here are the introductions of the opinion and links to the orders.
Court Week – May 2023 – What You Need to Know
This week is Court Week at the Federal Circuit. In total, the court will convene ten panels to consider 55 cases this week. Of these 55 cases, the court will hear oral arguments in 39. The Federal Circuit is providing access to live audio of these arguments via the Federal Circuit’s YouTube channel. This month, one case attracted an amicus brief. Here’s what you need to know about this case.
Opinions and Orders – February 15, 2023
This morning the Federal Circuit released a precedential opinion affirming a ruling of unpatentability as a result of the public use bar in a patent case appealed from the District of Delaware. The Federal Circuit also released three nonprecedential opinions. The first affirms a judgment in an inter partes review proceeding appealed from the Patent Trial and Appeal Board. The other two each dismiss a veterans case that was appealed from the Court of Appeals for Veterans Claims. Finally, the Federal Circuit released four nonprecedential orders dismissing appeals. Here are the introductions to the opinions and links to the dismissals.
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