FedCircuitBlog

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. With respect to these cases, since our last update we highlight one new opinion in government contract case, one new patent case raising a question related to Article III standing, and one new argument recap in a patent case involving a challenge to a district court’s claim construction. Here are the details.

Last week, the Federal Circuit released its opinion in Textron Aviation Defense LLC v. United States, a government contract case we have been tracking because it attracted an amicus brief. In this case, Textron appealed a judgment of the Court of Federal Claims, which granted the government’s motion to dismiss for failure to state a claim or in the alternative for summary judgment. In particular, the Court of Federal Claims dismissed Textron’s claim as time-barred under the Contract Disputes Act. The Federal Circuit, in an opinion authored by Judge Cunningham and joined by Judges Prost and Clevenger, affirmed the lower court’s judgment, holding that Textron’s claim had accrued by early 2013 and was untimely when filed in 2020. This is our opinion summary.

This morning, the Federal Circuit released one precedential opinion, two nonprecedential opinions, and one nonprecedential order. The precedential opinion comes in a patent case on appeal from the Patent Trial and Appeal Board. Both of the nonprecedential opinions come in appeals from the Court of Federal Claims, one in a government contract case and one in a vaccine case. The nonprecedential order dismisses an appeal. Here are the introductions to the opinions and order.   

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 three opinions in cases that attracted amicus briefs: an Equal Pay Act case, a vaccine case, and a veterans case. Additionally, we highlight two new patent cases, new briefing in two patent cases, and oral arguments in nine cases last and this month. Here are the details.

This month, the Federal Circuit heard oral argument in four cases that attracted amicus briefs. One was Textron Aviation Defense LLC v. United States. In this case, the Federal Circuit is reviewing a judgment of the Court of Federal Claims, which granted the government’s motion to dismiss for failure to state a claim, or in the alternative for summary judgment, in a government contract case. Judges Prost, Clevenger, and Cunningham heard the argument. This is our argument recap.

This week is Court Week at the Federal Circuit. In total, the court will convene 13 panels to consider 65 cases. Of these 65 cases, the court will hear oral arguments in 46. The Federal Circuit is providing access to live audio of these arguments via the Federal Circuit’s YouTube channel. This month, four cases scheduled for oral argument attracted amicus briefs. Here’s what you need to know about these four cases.

Four cases being argued in April at the Federal Circuit attracted amicus briefs. One of these cases is Textron Aviation Defense LLC v. United States. In it, the Federal Circuit will review a judgment by the Court of Federal Claims, which granted the government’s motion to dismiss for failure to state a claim, or in the alternative for summary judgment, in a government contract case. This is our argument preview.