Opinions

Opinions & Orders – November 9, 2023

This morning, the Federal Circuit released five nonprecedential opinions and two Rule 36 summary affirmances. Three of the opinions address appeals of decisions of the Merit Systems Protection Board. The fourth addresses a pro se appeal from a judgment of the Court of Appeals for Veterans Claims. The fifth affirms a decision of the Court of Federal Claims to dismiss a case for lack of subject matter jurisdiction. Here are the introductions to the opinions and links to the summary affirmances.

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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, the Supreme Court heard arguments last week in Vidal v. Elster, a trademark case and, yesterday, the Supreme Court heard arguments in Rudisill v. McDonough, a veterans case. With respect to petitions, one new petition was filed with the Court in a veterans case. Additionally, a reply brief was filed in a Tucker Act case and the Court denied a petition in a patent case. Here are the details.

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Court Week

Court Week – November 2023 – What You Need to Know

This week is Court Week at the Federal Circuit. In total, the court will convene nine panels to consider 47 cases. Of these 47 cases, the court will hear oral arguments in 30. The Federal Circuit is providing access to live audio of these arguments via the Federal Circuit’s YouTube channel. This month, one case attracted an amicus brief. Here’s what you need to know about that case.

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Panel Activity

Update on Important Panel Activity

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 one new Equal Pay Act case, the filing of new briefs in two patent cases, and the filing of new amicus briefs in another patent case. Here are the details.

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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, yesterday the Supreme Court heard oral argument in a trademark case, Vidal v. Elster. With respect to petitions, two new petitions were filed with the Court in a trade case and a pro se case; an amicus brief was filed in a patent case addressing joinder in inter partes review proceedings. Finally, the Court denied petitions in a trade case and in two pro se cases. Here are the details.

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Opinions

Opinions & Orders – November 1, 2023

This morning, the Federal Circuit released one precedential opinion, one nonprecedential opinion, and one nonprecedential order. The precedential opinion addresses a challenge to a claim construction order in a patent case. The nonprecedential opinion reviews a judgment of the Merit Systems Protection Board relating to alleged retaliatory action for whistleblowing, and the court’s judgment sparked a vigorous dissent by Judge Newman. Finally, the order is a dismissal. Here are the introductions to the opinions and a link to the dismissal.

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Opinions

Opinions & Orders – October 30, 2023

This morning, the Federal Circuit released five nonprecedential orders. One order transfers an appeal to another circuit court of appeals; one order transfers an appeal to a district court; and one order denies a petition for a writ of mandamus. The two remaining orders are dismissals: one dismisses for lack of jurisdiction, and another grants a motion to voluntarily dismiss. Late Friday, the Federal Circuit also released another nonprecedential order that dismissed an appeal. Here are previews of selected orders and links to dismissals.

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Opinions

Opinions & Orders – October 27, 2023

This morning, the Federal Circuit released four nonprecedential orders. One order summarily affirmed a judgment of the Court of Federal Claims; one order denied a petition for a writ of mandamus seeking to vacate an order transferring a patent case from the Northern District of Illinois to the Eastern District of Texas; and two orders dismissed appeals. Here is selected text from the summary affirmance and denial of the petition and links to the dismissals.

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Opinions

Opinions & Orders – October 26, 2023

This morning, the Federal Circuit released one nonprecedential opinion and six nonprecedential orders. The opinion addresses a consolidated appeal from two Patent Trial and Appeal Board final written decisions finding all challenged claims unpatentable. The majority affirmed both decisions, but in an opinion dissenting in part and concurring in part Judge Dyk asserted that the Board erred by not properly considering amendments made by the patentee during reexamination. One order transfers a case. The remaining five orders are dismissals. Here is the introduction to the opinion, selected text from the transfer, and links to the dismissals.

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Argument Preview

Argument Preview – Boyer v. United States

One case being argued in November at the Federal Circuit attracted an amicus brief. In this case, Boyer v. United States, the Federal Circuit will review a decision by the Court of Federal Claims granting the government’s motion for summary judgment and denying the plaintiff’s motion for summary judgment. Both motions related to a pay discrimination claim under the Equal Pay Act, and the appeal relates primarily to the plaintiff’s argument that the trial court relied only on salary history to establish an affirmative defense. This is our argument preview.

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