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 This morning, the Federal Circuit released two precedential opinions, three nonprecedential opinions, and four Rule 36 summary affirmances.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 Of the nonprecedential opinions, one comes in a takings case, one in a veterans case, and the other is on appeal from the Merit Systems Protection Board.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Late yesterday, the Federal Circuit released two nonprecedential orders, each dismissing an appeal. This morning, the Federal Circuit released one precedential opinion, three nonprecedential opinions, two nonprecedential orders, and a Rule 36 summary affirmance. The lone precedential opinion comes in a patent case on appeal from the Patent Trial and Appeal Board, the nonprecedential opinions all come in cases on appeal from the Merit Systems Protection Board, and both of the nonprecedential orders dismiss appeals.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This morning the Federal Circuit released three nonprecedential opinions, three nonprecedential orders, and two Rule 36 summary affirmances. The nonprecedential opinions come in two cases on appeal from the Merit Systems Protection Board and in a pro se case on appeal from the Court of Federal Claims.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.
Opinions & Orders – February 3, 2025
This morning the Federal Circuit released two nonprecedential opinions and one nonprecedential order. Both nonprecedential opinions came in patent cases on appeal from the Patent Trial and Appeal Board. The lone nonprecedential order dismissed a case. Here are the introductions to the opinions and a link to the dismissal.
Court Week – February 2025 – What You Need to Know
This week is Court Week at the Federal Circuit. The court will convene 15 panels to consider 71 cases. Of the 71 cases, the court will hear oral argument in 56 cases. The Federal Circuit provides access to live audio of these arguments via the Federal Circuit’s YouTube channel. This month, three cases scheduled for oral argument attracted amicus briefs. Here’s what you need to know about these three cases.
Opinions & Orders – January 31, 2025
This morning the Federal Circuit released one nonprecedential opinion and five nonprecedential orders. The lone nonprecedential opinion came in a government contract case on appeal from the Court of Federal Claims. All five nonprecedential orders dismissed appeals. Here is the introduction to the opinion and links to the dismissals.
Opinions & Orders – January 30, 2025
This morning the Federal Circuit released two nonprecedential opinions and five nonprecedential orders. Both of the nonprecedential opinions came in patent cases on appeal from the Patent Trial and Appeal Board. Notably, both relate to patents being asserted by United Services Automobile Association (USAA) in separate litigation. Of the nonprecedential orders, one addresses a notice of non-participation in an appeal in a patent case and the other four dismiss appeals. Here are the introductions to the opinions and the order addressing the notice of non-participation in an appeal, as well as links to the dismissals.