This morning the Federal Circuit released three nonprecedential opinions. One comes in a government contract case on appeal from the Court of Federal Claims, one comes in a pro se veterans case on appeal from the Court of Appeals for Veterans Claims, and the other comes in an appeal from a decision of the Merit Systems Protection Board. Here are the introductions to the opinions.
Opinions & Orders – February 18, 2025
This morning the Federal Circuit released four nonprecedential opinions and one nonprecedential order. Of the nonprecedential opinions, two come in veterans cases, one comes in a case on appeal from the Merit Systems Protection Board, and one comes in a patent case on appeal from the Patent Trial and Appeal Board. The lone nonprecedential order dismisses an appeal. Here are the introductions to the opinions and a link to the order.
Recent En Banc Activity
Here is an update on recent en banc activity at the Federal Circuit. Two new amicus briefs were filed in a pending en banc case concerning standing to allege a violation of a statute or regulation in connection with the procurement of a government contract. Additionally, one new petition was filed, presenting a question regarding apportionment of damages for patent infringement. Finally, the court denied an en banc petition raising a question regarding claim construction. Here are the details.
Opinions & Orders – February 11, 2025
This morning the Federal Circuit released one precedential opinion, two nonprecedential opinions, three nonprecedential orders, one Rule 36 summary affirmance, and an errata. The lone precedential opinion comes in an international trade case on appeal from the Court of International Trade. Of the nonprecedential opinions, one comes in a pro se case on appeal from the Merit Systems Protection Board and the other comes in a patent case on appeal from the Patent Trial and Appeal Board. All three nonprecedential orders dismiss appeals. Here are the introductions to the opinions and links to the summary affirmance, dismissals, and errata.
Opinions & Orders – February 10, 2025
Late Friday afternoon, the Federal Circuit released an errata. This morning, the Federal Circuit released two precedential opinions, three nonprecedential opinions, and four Rule 36 summary affirmances. Of the two precedential opinions, one comes in Tucker Act case and the other comes in a patent case. Of the nonprecedential opinions, one comes in a takings case, one in a veterans case, and the other is on appeal from the Merit Systems Protection Board. Here are the introductions to the opinions and links to the summary affirmances and errata.
Argument Recap – Hawaiian Dredging Construction Co. v. United States
This week, the Federal Circuit heard oral argument in Hawaiian Dredging Construction Co. v. United States, a government contract case on appeal from the Court of Federal Claims. In it, the Federal Circuit is reviewing a dismissal of a complaint seeking damages based on alleged government-caused delays in a contractor’s fulfillment of its contractual obligations. Judges Dyk, Clevenger, and Prost heard the oral argument. This is our argument recap.
Opinions & Orders – February 6, 2025
Late yesterday, the Federal Circuit released two nonprecedential orders, each dismissing an appeal. This morning, the Federal Circuit released one precedential opinion, three nonprecedential opinions, two nonprecedential orders, and a Rule 36 summary affirmance. The lone precedential opinion comes in a patent case on appeal from the Patent Trial and Appeal Board, the nonprecedential opinions all come in cases on appeal from the Merit Systems Protection Board, and both of the nonprecedential orders dismiss appeals. Here are the introductions to the opinions and links to the summary affirmance and dismissals.
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, there is no new activity to report. With respect to petitions, one new petition was filed in a patent case raising questions related to eligibility and the Federal Circuit’s use of summary affirmances. The Court also received waivers of the right to respond in another patent case and a pro se case, as well as a brief in opposition in a trade case. Here are the details.
Opinions & Orders – February 5, 2025
This morning the Federal Circuit released three nonprecedential opinions, three nonprecedential orders, and two Rule 36 summary affirmances. The nonprecedential opinions come in two cases on appeal from the Merit Systems Protection Board and in a pro se case on appeal from the Court of Federal Claims. All three nonprecedential orders dismiss appeals. Here are the introductions to the opinions and links to the summary affirmances and dismissals.
Opinions & Orders – February 4, 2025
This morning the Federal Circuit released one precedential opinion, one nonprecedential opinion, and four nonprecedential orders. The precedential opinion comes in a government contract case on appeal from the Court of Federal Claims. The nonprecedential opinion comes in a case on appeal from the Merit Systems Protection Board. Of the nonprecedential orders, one grants a motion for a summary affirmance, one denies a petition for a writ of mandamus, and two dismiss appeals. Here are the introductions to the opinions and first two orders, as well as links to the dismissals.