Argument Preview

Argument Preview – City of Wilmington, Delaware v. United States

As we have been reporting, five cases being argued in April at the Federal Circuit attracted amicus briefs. One of those cases is City of WIlmington, Delaware v. United States, a contract case. In this case, the Federal Circuit will review a determination by the U.S. Court of Federal Claims that Wilmington was not entitled to recover “the payment of reasonable service charges” assessed for “the control and abatement of water pollution” and interest pursuant to 33 U.S.C. § 1323. This is our argument preview.

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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, on Monday the Court heard oral arguments in Amgen Inc. v. Sanofi, Aventisub LLC. With respect to petitions, four new petitions were filed with the Court in three patent cases and a pro se case. The Court also denied three petitions. Here are the details. 

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Argument Preview

Argument Preview – Solar Energy Industries Association v. United States

Five cases being argued in April at the Federal Circuit attracted amicus briefs. One of those cases is Solar Energy Industries Association v. United States, a trade case. In this case, the Federal Circuit will review a determination by the Court of International Trade that the “President’s authority to modify a safeguard measure under 19 U.S.C. § 2254(b)(1)(B) is limited solely to ‘trade-liberalizing’ modifications, and that Proclamation 10101 thus went beyond the President’s statutory authority.” This is our argument preview.

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Opinions

Opinions and Orders – March 28, 2023

This morning, the Federal Circuit released three nonprecedential orders. In the first order, the court granted a motion for summary affirmance in a case appealed from the Court of Federal Claims. In the second order, the Federal Circuit granted a motion for remand in a case appealed from the Merit Systems Protection Board. Finally, the third order dismissed an appeal. Here is text from the first two orders and a link to the dismissal.

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Panel Activity

Update on Important Panel Activity

Here is another 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 for patent cases and another that addresses jurisdiction. We also highlight four new cases (a contract case, a trade case, a takings case, and a tax case), all of which are set to be argued next month, along with a patent case. Additionally, we highlight an argument recap in patent case. Here are the details.

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Opinions

Opinions and Orders – March 23, 2023

This morning, the Federal Circuit released three nonprecedential orders. In the first order, the court granted a petition for permission to appeal an order of the United States Court of Federal Claims. In the second order, the Federal Circuit denied a petition for a writ of mandamus seeking to order the Western District of Texas to transfer a case. In the third order, the Federal Circuit denied a petition for a writ of mandamus seeking to order the Patent Trial and Appeal Board to terminate an inter partes review proceeding. Here are the introductions to the orders.

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Opinions

Opinions and Orders – March 22, 2023

This morning, the Federal Circuit released a precedential opinion, a nonprecedential opinion, a nonprecedential order, and a Rule 36 judgment. In the precedential opinion, the court dismissed-in-part and denied-in-part a petition for review regarding the Veterans Affairs Adjudication Procedures Manual. In the nonprecedential opinion, the Federal Circuit affirmed-in-part and dismissed-in-part an appeal from the Court of Appeals for Veterans Claims. And in the nonprecedential order, the Federal Circuit dismissed an appeal. Here are the introductions to the opinions and links to the dismissal and Rule 36 judgment.

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Opinions

Opinions and Orders – March 21, 2023

Late yesterday and this morning, the Federal Circuit released one nonprecedential opinion and two nonprecedential orders. In the opinion, the court dismissed an appeal from the Court of Appeals for Veterans Claims. The Federal Circuit also issued two nonprecedential orders dismissing appeals. Here is the introduction to the opinion and links to the dismissals.

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Panel Activity

Update on Important Panel Activity

Here is the first of two updates this week 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 a new patent case in which the court, due to a motion to expedite, heard oral argument recently. Additionally, we highlight new briefings in two patent cases as well as four recent opinions. Here are the details.

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Opinions

Opinions and Orders – March 16, 2023

Late yesterday and this morning, the Federal Circuit released one precedential opinion, two precedential opinions, and five nonprecedential orders. In the precedential opinion, the court affirmed a judgment of the Court of Appeals for Veterans Claims. In the first nonprecedential opinion, the Federal Circuit affirmed-in-part, vacated-in-part, dismissed-in-part, and remanded a case appealed from the Court of Appeals for Veterans Claims. In the second nonprecedential opinion, the Federal Circuit affirmed a dismissal in an appeal from the Court of Federal Claims for lack of jurisdiction. Finally, the Federal Circuit issued five nonprecedential orders dismissing appeals. Here are the introductions to the opinions and links to the dismissals.

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