FedCircuitBlog

Late yesterday, the Federal Circuit released a precedential opinion in a trade case. Notably, Judge Dyk dissented from the majority’s holding affirming the Court of International Trade. This morning, the Federal Circuit released two precedential opinions, two nonprecedential opinions, and three nonprecedential orders. Both precedential opinions come in patent cases. Of the nonprecedential opinions, one comes in a patent case, while the other comes in a veterans case. All three nonprecedential orders dismiss appeals. Here are the introductions to the opinions and links to the dismissals.

This morning, the Federal Circuit released three precedential opinions, four nonprecedential opinions, one summary affirmance, and one nonprecedential order. Of the precedential opinions, two come in patent cases and the other comes in a veterans case. Of the nonprecedential opinions, two come in appeals from the Merit Systems Protection Board, one comes in a veterans case, and one comes in a trade case. The lone nonprecedential order dismisses an appeal. Here are the introductions to the opinions and a link to the summary affirmance and dismissal.

Here is an update on recent en banc activity at the Federal Circuit. The court scheduled oral argument in one of the court’s two en banc cases. As for pending petitions for en banc rehearing, an amicus brief was filed in support of a petition raising a question related to after-arising technologies and the written description and enablement requirements, and the court denied a pro se litigant’s petition. Here are the details.

Last month, the Federal Circuit issued its opinion in Hawaiian Dredging Construction Co. v. United States, a government contract case we have been tracking because it attracted an amicus brief. In this case, the Federal Circuit reviewed a determination by the Court of Federal Claims to dismiss HDCC’s complaint for failure to state a claim upon which relief could be granted. HDCC alleged that the government owed it an “equitable adjustment for various delays and increased costs” during its contract performance, and that HDCC “experienced excusable delays due to government changes and additions to the contact work relating to the retaining wall construction.” In an opinion authored by Judge Prost and joined by Judges Dyk and Clevenger, the Federal Circuit affirmed the dismissal of HDCC’s claim regarding excusable delay related to a retaining wall; reversed the lower court’s dismissal with respect to government delays for delivery of rights of way, utility relocation, and a repayment claim; and remanded the case for further proceedings.

This morning, the Federal Circuit released two precedential opinions, three nonprecedential opinions, and five nonprecedential orders. Of the precedential opinions, both come in patent cases on appeal from the Patent Trial and Appeal Board. Of the nonprecedential opinions, one comes in an appeal from the Merit Systems Protection Board, one comes in an appeal from the Patent Trial and Appeal Board, and the third comes in a takings case on appeal from the Court of Federal Claims. Of the nonprecedential orders, two deny petitions and the other three dismiss appeals. Here are the introductions to the opinions and first two orders and links to the dismissals.

Late Friday, the Federal circuit released a nonprecedential order dismissing a case without prejudice. This morning, the Federal Circuit released one precedential opinion, one nonprecedential opinion, and three nonprecedential orders. The lone precedential opinion comes in an employment case on appeal from the Court of Federal Claims. The lone nonprecedential opinion comes in a veterans case on appeal from the Court of Appeals for Veterans Claims. Of the nonprecedential orders, one denies a petition, one dismisses an appeal, and one remands an appeal. Here are the introductions to the opinions and the orders denying the petition and dismissing the appeal and a link to the order remanding the case.

This week is Court Week at the Federal Circuit. The court will convene 13 panels to consider 62 cases. Of the 62 cases, the court will hear oral argument in 45 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. One of these cases will be presented to the en banc court after the court granted en banc rehearing. Here’s what you need to know about these three cases that attracted amicus briefs.

Late yesterday, the Federal Circuit released a nonprecedential order dismissing an appeal. This morning, the Federal Circuit released one precedential opinion, one nonprecedential opinion, and six nonprecedential orders. Today’s lone precedential opinion comes in an appeal from a decision of the Court of International Trade. Today’s lone nonprecedential opinion comes in a patent case on appeal from the Patent Trial and Appeal Board. Of the nonprecedential orders, three dismiss appeals, two transfer cases, and one grants a motion for a summary affirmance. Here are the introductions to the opinions and orders and a link to the dismissal.

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, new petitions were filed in three patent cases and three pro se cases. The Court also received a waiver of the right to respond in one of those patent cases and an amicus brief in another patent case. In addition, the Court denied petitions in two patent cases and two pro se cases. Here are the details.

Late yesterday, the Federal Circuit released a nonprecedential order dismissing an appeal. This morning, the Federal Circuit released one precedential opinion and one nonprecedential order. The lone precedential opinion comes in a case on appeal from the Merit Systems Protection Board. The nonprecedential order dismisses an appeal. Here is the introduction to the opinion and links to the dismissals.