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 three cases with upcoming oral arguments: two patent cases and one takings case. Additionally, there is one patent case with new briefing.

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Opinions

Opinions & Orders – May 13, 2022

This morning the Federal Circuit released two precedential opinions. The first comes in a patent case appealed from the Patent Trial and Appeal Board. Notably, Judge Newman dissented, disagreeing with the majority’s decision to dismiss the case for lack of jurisdiction. The second comes in a case appealed from the Court of Federal Claims. In this case, the Federal Circuit reverses the Court of Federal Claims’ dismissal and remands the case. The Federal Circuit also released a nonprecedential opinion in a veterans case appealed from the Court of Appeals for Veterans Claims. Finally, the court issued two nonprecedential orders and two Rule 36 judgments. Here are the introductions to the opinions, text from the orders, and links to the Rule 36 judgments.

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Petitions / 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 granted cases, since our last update there is no new activity to report. With respect to petitions, three new petitions have been filed: one in a patent case, one filed by a pro se petitioner in a veterans case, and one by another pro se petitioner in an employment case. Additionally, an amicus brief in support of a petition was filed in a patent case raising questions concerning patent eligibility; a brief in opposition was filed in another patent eligibility case; a waiver of a right to respond was filed in a patent case concerning standing; and a petitioner filed a reply in a case raising a question about the Chevron doctrine’s applicability in veterans cases. Finally, the Court denied three petitions: two in takings cases and one in a patent case. Here are the details.

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Opinions

Opinions & Orders – May 10, 2022

This morning the Federal Circuit released four nonprecedential opinions in two veterans cases, a case appealed from the Court of Federal Claims, and a case appealed from the Merit Systems Protection Board. The court also released a nonprecedential order granting a joint motion to dismiss and two nonprecedential orders granting petitions to withdraw petitions. Here are the introductions to the opinions and text from the orders.

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Opinions

Opinion & Orders – May 9, 2022

Today the Federal Circuit released two nonprecedential opinions. One came in an employment case appealed from the Merit Systems Protection Board. The other came in an appeal from the Court of Federal Claims, which had dismissed a complaint for lack of subject-matter jurisdiction. The court also dismissed an appeal. Here are the introductions to the opinions and a link to the dismissal.

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Opinions

Opinions & Orders – May 6, 2022

Today the Federal Circuit released four nonprecedential opinions in employment, veterans, and patent cases. The court also released seven orders. Five granted summary affirmances and two dismissed all of one case and part of another. Here are the introductions to the opinions and a list of the summary affirmances and dismissals.

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Opinions

Opinions & Orders – May 5, 2022

This morning the Federal Circuit issued a nonprecedential opinion in a trade case, a nonprecedential opinion in a patent case, and a nonprecedential opinion in a takings case. The court also issued a nonprecedential order denying a petition for a writ of mandamus to order the Western District of Texas to transfer a patent case, a nonprecedential order remanding cases to the Patent Trial and Appeal Board, and five nonprecedential orders dismissing cases. Here are the introductions to the opinions and text from the orders.

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Opinions

Opinions & Orders – May 4, 2022

Late yesterday and this morning the Federal Circuit released a nonprecedential opinion in an employment case appealed from the Merit Systems Protection Board; two motions to dismiss appeals; two summary affirmances; and an erratum. Here is text from the opinion and orders and links to the summary affirmances and erratum.

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Argument Recap / Panel Activity

Argument Recap– LaBonte v. United States

Last month, the court heard oral argument in LaBonte v. United States, a veterans case where LaBonte is challenging a “Court of Federal Claims decision that military correction boards established under 10 U.S.C. § 1552 may not grant disability retirement to service members whose ‘Certificate of Release or Discharge From Active Duty,’ a standard separation document known as a ‘DD-214’ form, contains reference to a court martial.” Two amicus briefs were filed in support of the plaintiff-appellant, LaBonte, one by Military Law Practitioners and another a joint brief by the National Veterans Legal Services Program and Protect Our Defenders. Judges Chen, Schall, and Stoll heard the argument. This is our argument recap.

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Opinions

Opinions & Orders – April 26, 2022

Today the Federal Circuit issued a modified and reissued nonprecedential opinion in a tax case, a nonprecedential opinion in a patent case, and a nonprecedential order granting a join motion to voluntarily dismiss appeals. Here are the introductions to the opinion and order.

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