Opinions

Opinions & Orders – January 21, 2022

This morning the Federal Circuit issued a precedential opinion in a patent case appealed from the International Trade Commission. The Federal Circuit vacated a judgment based on a claim construction adopted by the International Trade Commission and remanded the case. The court also issued a Rule 36 judgment. Here is the introduction to the opinion and a link to the Rule 36 judgment.

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Supreme Court Activity

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 the Supreme Court’s October 2021 term, the Court granted certiorari in a veterans case. The Court also requested the Solicitor General to file a brief expressing the views of the United States in a patent case. No new petitions were filed, but one amicus brief was submitted in support of a petition in a patent case and a waiver of right to respond was filed in a pro se case. Additionally, the Court denied four petitions: two in patent cases and two in pro se cases. Here are the details.

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Opinions

Opinions & Orders – January 20, 2022

This morning the Federal Circuit issued three precedential opinions. The first comes in a veterans case appealed from the Court of Appeals for Veterans Claims; the second comes in a takings case appealed from the Court of Federal Claims; and the third comes in a military discharge case appealed from the Court of Federal Claims. The Court also issued five nonprecedential opinions in various cases appealed from the Court of Federal Claims, the Merit Systems Protection Board, and the Court of Appeals for Veterans Claims. Here are the introductions to the opinions.

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Panel Activity

Opinion Summary – Brown v. United States

On January 5 the Federal Circuit issued its opinion in Brown v. United States, a case we have been following because it attracted an amicus brief. The case was argued before Judges Lourie, Dyk, and Stoll. The Browns appealed a dismissal by the United States Court of Federal Claims of a tax refund suit for lack of subject matter jurisdiction. Judge Lourie authored the opinion in the case, affirming the dismissal. This is our opinion summary.

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Opinions

Opinions & Orders – January 14, 2022

This morning the Federal Circuit issued a precedential opinion in patent case appealed from the District of California. The opinion reverses a grant of summary judgment of non-infringement based on the Federal Circuit’s claim construction. The Federal Circuit also issued a nonprecedential order denying a petition for a writ of mandamus seeking to overrule the District of New Jersey’s decision to transfer a patent case to the Western District of Texas . Finally, the Federal Circuit issued a Rule 36 judgment. Here are the introductions to the opinion and order as well as a link to the Rule 36 judgment.

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Opinions

Opinions & Orders – January 13, 2022

This morning the Federal Circuit issued two nonprecedential opinions in cases appealed from the Court of Federal Claims. The first opinion affirms a dismissal by the Court of Federal Claims for failure to prosecute, and the second affirms a dismissal for lack of jurisdiction and failure to prosecute. The court also issued two Rule 36 judgments and one erratum. Here are the introductions to the opinions and links to the Rule 36 judgments and erratum.

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Supreme Court Activity

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 the Supreme Court’s October 2021 term, the Court still has not granted any petitions to hear any case decided by the Federal Circuit. As for still-pending petitions, one new petition was filed in a veterans case challenging the Federal Circuit’s alleged failure to apply the pro-veteran canon of statutory interpretation. Additionally, a petitioner filed a reply in support of its petition, which raised questions relating to the application of equitable tolling for recovering retroactive disability benefits. Moreover, since our last update, one waiver of right to respond was filed in a patent case. Lastly, the Supreme Court denied four petitions: two in patent cases, one in a veterans case, and one filed by a pro se petitioner. Here are the details.

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Opinions

Opinions & Orders – January 10, 2022

This morning the Federal Circuit issued a nonprecedential opinion in a trade case appealed from the Court of International Trade. The opinion affirms the Court of International Trade’s calculation of an antidumping duty rate. Here is the introduction to the opinion.

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Court Week

Court Week – What You Need to Know

This week is Court Week at the Federal Circuit, with hearings starting today. Due to the heightened spread of the coronavirus, all January oral arguments will again be held remotely. As it has for some time now, however, the Federal Circuit is providing access to live audio of each panel scheduled for argument via the Federal Circuit’s YouTube channel. In total, including a case set to be argued next week, the court will convene 12 panels to consider about 54 cases. Of these 54 cases, the court will hear oral arguments in 40. Of these argued cases, two attracted amicus briefs: one copyright case and one takings case. Here’s what you need to know about these two cases.

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Argument Preview

Argument Preview – Milton v. United States

This week we are previewing two arguments scheduled for next week at the Federal Circuit. We are previewing these arguments because the underlying cases attracted amicus briefs. Today we highlight Milton v. United States, in which over 150 plaintiffs are appealing a decision of the Court of Federal Claims to grant summary judgement for the United States. These plaintiffs have asserted takings claims against the government based on properties being flooded by government action when the Addicks and Barker Reservoirs released water during Hurricane Harvey. An amicus brief was filed by 205 other plaintiffs with similar cases stayed at the Court of Federal Claims. This is our argument preview.

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