This morning, the Federal Circuit released two precedential opinions. Both come in cases appealed from the Court of Federal Claims, with one dismissed for lack of subject matter jurisdiction and the other a takings case. The Federal Circuit also released two nonprecedential opinions, both in patent cases, one appealed from a district court and one from the Patent Trial and Appeal Board. Lastly, the Federal Circuit released a nonprecedential order dismissing an appeal. Here are the introductions to the opinions and a link to the dismissal.
Recent En Banc Activity
Here is an update on recent en banc activity at the Federal Circuit. Since our last update, a party filed its reply brief in a pending en banc case raising questions related to statutory interpretation and agency deference. As for pending petitions, the Federal Circuit received two new responses to petitions in patent cases, the court invited a response to a petition in a design patent case, and the court denied two petitions in two other patent cases. Here are the details.
Opinion Summary – Dinh v. United States
Late last month, the Federal Circuit issued its opinion in Dinh v. United States, a case we have been monitoring because it attracted an amicus brief. In this case, the Federal Circuit reviewed a dismissal by the Court of Federal Claims of a takings claim. The Court of Federal Claims held that, because congressional action did not explicitly devalue certain bonds or require transferring funds to repay the bonds to the Puerto Rican government, there was no taking. The Federal Circuit, in a panel opinion authored by Judge Stoll and joined by Chief Judge Moore and Judge Gilstrap (sitting by designation from the Eastern District of Texas), affirmed. This is our opinion summary.
Opinions & Orders – August 12, 2025
This morning, the Federal Circuit released a precedential opinion granting a motion to dismiss a takings case appealed from the Court of Federal Claims. The Federal Circuit also released two nonprecedential opinions in cases appealed from the Court of Federal Claims and the Court of International Trade, as well as a nonprecedential order granting summary affirmance in another case appealed from the Court of Federal Claims. Lastly, the Federal Circuit released two nonprecedential orders transferring appeals to the District of Columbia and the Northern District of California and four nonprecedential orders dismissing appeals. Here are the introductions to the opinions and order granting summary affirmance and links to the transfers and dismissals.
Opinions & Orders – August 11, 2025
Late Friday, the Federal Circuit released a nonprecedential order dismissing an appeal. This morning, the court released a precedential opinion in a patent case appealed from the District of Utah, two nonprecedential opinions in pro se cases appealed from the Court of Federal Claims, and a nonprecedential opinion in a case appealed from the Merit Systems Protection Board. The Federal Circuit also released a nonprecedential order transferring a case to the Ninth Circuit along with four other nonprecedential orders dismissing appeals. Here are the introductions to the opinions and links to the transfer and dismissals.
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 two new opinions, one in a patent infringement case and one in a takings case. We also highlight two recent oral arguments in two patent cases, a new reply brief filed in another patent case, and a new amicus brief in another patent case. Here are the details.
Recent En Banc Activity
Here is an update on recent en banc activity at the Federal Circuit. Since our last update, the court heard oral argument in the en banc case challenging President Trump’s tariffs, and the court denied three petitions for en banc review, two in patent cases and one in a takings case. Notably, in the denial in one of the patent cases, Chief Judge Moore and Judge Stoll issued a concurring opinion and Judges Dyk and Hughes issued a dissenting opinion. Here are the details.
Opinions & Orders – August 5, 2025
This morning, the Federal Circuit released three nonprecedential opinions. Two come in patent cases and one comes in a case dismissed by the Court of Federal Claims for lack of jurisdiction. The Federal Circuit also released a nonprecedential order dismissing an appeal. Here are the introductions to the opinions and a link to the dismissal.
Opinions & Orders – August 4, 2025
This morning, the Federal Circuit released one nonprecedential opinion vacating and remanding a decision of the Court of International Trade. Here is the introduction to the opinion.
Opinions & Orders – July 31, 2025
This morning, the Federal Circuit released a precedential opinion in a takings case appealed from the Court of Federal Claims, and two nonprecedential orders in patent cases appealed from the Western District of Texas. Here are the introductions to the opinion and orders.