Here is an 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 four new cases that attracted amicus briefs: a patent case, a takings case, a veterans case, and a Little Tucker Act case. Additionally, we highlight two new reply briefs filed in patent cases. Here are the details.
Recent News on the Federal Circuit
Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:
- a blog post discussing a recent Federal Circuit decision that “provides a lesson into the importance of carefully drafting—and understanding—the scope of licensing terms, especially covenants not to sue”; and
- an article about how a “Federal Circuit Court of Appeals panel . . . denied an Oklahoma landowner’s bid to overturn a lower court’s ruling that the federal government isn’t liable for flooding damage to her property due to activity at a nearby Cherokee Nation casino.”
Court Week – March 2024 – What You Need to Know
This week is Court Week at the Federal Circuit. In total, the court will convene 14 panels to consider 64 cases. Of these 64 cases, the court will hear oral arguments in 50. The Federal Circuit is providing access to live audio of these arguments via the Federal Circuit’s YouTube channel. This month, five cases scheduled for oral argument attracted amicus briefs. Here’s what you need to know about these five cases.
Argument Preview – Ireland v. United States
As we’ve been reporting, five cases being argued in March at the Federal Circuit attracted amicus briefs. One of these cases is Ireland v. United States. In it, the Federal Circuit will review a decision by the Western District of Texas to grant a motion to dismiss for failure to state a claim in an unemployment benefits case under the Little Tucker Act. This is our argument preview.
Opinions & Orders – March 1, 2024
This morning, the Federal Circuit released one precedential opinion, one nonprecedential order, and one dismissal. The precedential opinion addresses an appeal from a judgment of the Court of Federal Claims in case involving claims under the Tucker Act. The nonprecedential order dismisses a case for lack of jurisdiction. Here are the introductions to the opinion and order.
Argument Preview – Lemon Bay Cove LLC v. United States
As we have been reporting, five cases being argued in March at the Federal Circuit attracted amicus briefs. One of these cases is Lemon Bay Cove LLC v. United States. In it, the Federal Circuit will review a judgment of the Court of Federal Claims, which held that the denial of a wetland permit by the United States Army Corps of Engineers was not a categorical taking or regulatory taking of Lemon Bay’s land. This is our argument preview.
Opinions & Orders – February 29, 2024
Happy Leap Day! This morning, the Federal Circuit released one nonprecedential opinion. The opinion addresses an appeal from a judgment of the Court of Federal Claims, which dismissed a Fifth Amendment takings claim. Here is the introduction to the opinion.
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 since our last update. With respect to petitions, two new petitions were filed in two pro se cases. Additionally, a brief in opposition was filed in a patent case and three amicus briefs were filed in a veterans case. Here are the details.
Opinions & Orders – February 28, 2024
This morning, the Federal Circuit released one nonprecedential opinion and five nonprecedential orders. The opinion addresses an appeal hinging on the interpretation of a patent license agreement. One of the nonprecedential orders addresses a petition for a writ of mandamus. The remaining four nonprecedential orders are dismissals. Here is the introduction to the opinion, selected text from the order addressing the petition, and links to the dismissals.
Opinions & Orders – February 22, 2024
This morning, the Federal Circuit released one nonprecedential opinion and six nonprecedential orders. The opinion affirms judgments of the Patent Trial and Appeal Board in two inter partes review proceedings. The orders dismiss appeals. Here are the introduction to the opinion and text from the orders.