FedCircuitBlog

Earlier this month, the Federal Circuit heard oral argument in Stupp Corp. v. United States, an international trade case we have been following because it attracted an amicus brief. In this case, the Federal Circuit is reviewing a judgment of the Court of International Trade, which sustained a decision of the Department of Commerce to use a particular test in a differential pricing analysis used to calculate antidumping margins. Judges Lourie, Bryson, and Stark heard the oral argument. This is our argument recap.

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, new petitions were filed in a takings case and a pro se case. The Court also received waivers of the right to respond in five pro se cases; briefs in opposition in two patent cases; a supplemental brief in a case addressing Federal Circuit Rule 36; and two new amicus briefs in a patent case. In addition, the Court denied petitions in two patent cases and two cases addressing Rule 36. Here are the details.

This morning, the Federal Circuit released one nonprecedential opinion and two nonprecedential orders. The lone nonprecedential opinion comes in a patent case on appeal from Patent Trial and Appeal Board. Of the nonprecedential orders, one dismisses an appeal and the other grants a motion to summarily affirm a decision of the Court of Federal Claims. Here are the introductions to the opinion and order grating the motion to summarily affirm as well as a link to the dismissal. 

This morning, the Federal Circuit released three precedential opinions, four nonprecedential opinions, and a nonprecedential order. Of the precedential opinions, two come in patent cases on appeal from the Patent Trial and Appeal Board and the Eastern District of Wisconsin, and the other comes in a takings case on appeal from the Court of Federal Claims. Of the nonprecedential opinions, two come in pro se appeals, one comes in a veterans case, and the other comes in a patent case on appeal from the Court of Federal Claims. The lone nonprecedential order dismisses an appeal. Here are the introductions to the opinions and a link to the dismissal.

Late yesterday the Federal Circuit released two nonprecedential orders dismissing appeals. Today the Federal Circuit released two precedential opinions. In the first, the court affirmed a judgment of the Court of Federal Claims in an appeal of a tax case addressing whether patent litigation expenses are deductible and need not be capitalized. In the second, the Federal Circuit vacated in part a judgment of the District of Massachusetts in a patent case based on a misconstruction of a claim term. Here are the introductions to the opinions and links to the dismissals.

Late yesterday, the Federal Circuit released two nonprecedential orders, each dismissing an appeal. This morning, the Federal Circuit released two nonprecedential orders, each granting a motion to withdraw an appeal. Here is the introduction to the substantive nonprecedential order dismissing an appeal and a link to the other nonprecedential orders.

Late yesterday, the Federal Circuit released a precedential order sua sponte granting en banc review of an appeal from the Court of Federal Claims. In the order, the Federal Circuit requests new briefing related to the effect of the Supreme Court’s decision in Loper Bright Enterprises v. Raimondo. This morning, the Federal Circuit released four precedential opinions, one nonprecedential opinion, three nonprecedential orders, and an errata. Of the precedential opinions, one comes in a patent case, one comes in a trademark case, one comes in a government contract case, and the other comes in a veterans case. The lone nonprecedential opinion comes in a pro se appeal. Of the nonprecedential orders, one grants a motion to summarily affirm and the other two dismiss appeals. Here are the introductions to the opinions and orders as well as links to the errata and dismissals.

Late yesterday, the Federal Circuit released a precedential order sua sponte granting en banc review of an appeal from a judgment of the Court of Federal Claims. In the order, the Federal Circuit requests new briefing related to the effect of the Supreme Court’s decision in Loper Bright Enterprises v. Raimondo on the interpretation of statutory provisions governing actions of the Office of Personnel Management. Notably, Loper Bright Enterprises v. Raimondo overruled Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc., which required courts to defer to agencies’ interpretations of ambiguous language in statutes meant for implementation by those agencies. Here is the introduction to the order.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, the Supreme Court issued an opinion in Bufkin v. Collins, a veterans case. Additionally, an opening merits brief and three amicus briefs in support of the petitioner were submitted in Soto v. United States, another veterans case. With respect to petitions, one new petition was filed in a patent case, and two new petitions were filed in pro se cases; a brief in opposition was filed in a patent case; two replies in support of petitions were filed in a patent case and a case related to Federal Circuit Rule 36; and two amicus briefs were filed in a patent case. In addition, the Court denied petitions in a patent case, a trade case, and a pro se case. Here are the details.

This morning, the Federal Circuit released three nonprecedential opinions and three nonprecedential orders. Of the nonprecedential opinions, two come in pro se cases and the other comes in a vaccine case on appeal from the Court of Federal Claims. Of the nonprecedential orders, one remands a case and the other two dismiss appeals. Here are the introductions to the opinions and links to the orders.