Argument Preview

Argument Preview – Monroe v. United States

This week we are previewing three cases scheduled to be argued next week at the Federal Circuit that attracted amicus briefs. Today we highlight an Equal Access to Justice Act case, Monroe v. United States. In this case, the United States asks the Federal Circuit to overrule what it characterizes as an abuse of discretion by the trial court in awarding attorney’s fees and expenses to the plaintiff-appellee. This is our argument preview.

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Opinions

Opinions & Orders – October 20, 2021

This morning the Federal Circuit issued two nonprecedential opinions, one in a veterans case appealed from the Court of Appeals for Veterans Claims and one in a case concerning the jurisdiction of the Court of Federal Claims. Here are the introductions to the opinions.

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Panel Activity

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 dispositions in patent cases appealed from federal district courts and a disposition in a takings case appealed from Court of Federal Claims. Here are the details.

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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 in cases decided by the Federal Circuit. As for pending petitions, since our last update one new petition was filed in a trademark case. Additionally, the government filed two waivers of right to respond. The Court also requested responses to two pending petitions in patent cases. Lastly, the Court denied seven petitions. Here are the details.

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Opinions

Opinions & Orders – October 13, 2021

This morning the Federal Circuit issued a precedential opinion in a patent case appealed from the Patent Trial and Appeal Board and two nonprecedential opinions in cases appealed from the Court of Federal Claims and the Trademark Trial and Appeal Board. In addition, the court issued two nonprecedential orders granting petitions for writs of mandamus ordering the Western District of Texas to transfer patent cases. Finally, the Federal Circuit issued a Rule 36 judgment. Here are the introductions to the opinions and orders and a link to the Rule 36 judgment.

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Opinions

Opinions & Orders – October 12, 2021

This morning the Federal Circuit issued three precedential opinions. The first two come in related patent cases appealed from the Eastern District of Texas and address claim construction, infringement, and definiteness. The third comes in another patent case appealed from the District of Columbia and replaces an earlier opinion, issued by the Federal Circuit in August, regarding the shifting of attorney and expert witness fees in civil actions to obtain patents. The Federal Circuit also issued two nonprecedential opinions appealed respectively from the Court of Appeals for Veterans Claims and the Trademark Trial and Appeal Board. Finally, the Federal Circuit issued four Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.

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Opinions / Panel Activity

Opinion Summary – The Modern Sportsman, LLC v. United States

Early this month the Federal Circuit issued its opinion in The Modern Sportsman, LLC v. United States, a takings case we have been following because it attracted an amicus brief. The case involved allegations the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) committed takings under the Takings Clause of the Fifth Amendment when it banned bump-fire type rifle stocks. The Court of Federal Claims dismissed the case, and Judges Taranto, Wallach, and Chen heard the appeal. Judge Taranto authored a short non-precedential opinion affirming the Court of Federal Claims, and Judge Wallach authored an opinion concurring in the result. This is our opinion summary. 

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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, which began this week, the Court still has not granted any petitions in cases decided by the Federal Circuit. Since our last update, however, two new petitions have been filed with the Court: one in a veterans case and one filed by a pro se petitioner. As for previously filed petitions, one brief in opposition and two waivers of right to respond were filed. Finally, the Court denied 22 petitions following its first conference of the new term. Here are the details.

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Opinions

Opinions & Orders – October 6, 2021

This morning the Federal Circuit issued a nonprecedential opinion in a patent case appealed from the United States District Court for the District of Minnesota. The court also issued a nonprecedential order granting a writ of mandamus to require transfer of a patent case from the Western District of Texas to the Northern District of California. Finally, the Federal Circuit also issued two Rule 36 judgments. Here are the introductions to the opinion and order and links to the Rule 36 judgments.

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Opinions

Opinions & Orders – October 4, 2021

This morning the Federal Circuit issued four precedential opinions: two in patent cases appealed from the U.S. District Court for the District of Delaware; one in a patent case appealed from the Patent Trial and Appeal Board; and one in an international trade case appealed from the U.S. Court of International Trade. The court also released a nonprecedential order requiring the U.S. District Court for the Western District of Texas to transfer a patent case and an erratum. Here are the introductions to the opinions and order, and a link to the erratum.

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