FedCircuitBlog

Here is an update on activity in cases pending before panels of the Federal Circuit where the case involves 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 three new opinions, one in a case related to the rulemaking authority of the Department of Veterans Affairs, another in a takings case related to water rights, and another related to patents alleged to be improperly listed in the FDA’s Orange Book. We also highlight five new cases, two related to trade agreements, two related to takings claims, and one patent case. Finally, we note new briefing in a patent case we have been tracking. Here are the details.

In December the Federal Circuit issued its opinion in City of Fresno v. United States, a takings case that attracted two amicus briefs. In this case, the Federal Circuit reviewed a dismissal by the Court of Federal Claims and a grant of summary judgment in favor of the United States. Parties to the California Central Valley Project sued the United States claiming they were entitled to water the United States failed to distribute after a drought in 2014. In an opinion authored by Judge Stark and joined by Chief Judge Moore and Judge Clevenger, the Federal Circuit affirmed the lower court’s dismissal and grant of summary judgment. This is our opinion summary.

This morning the Federal Circuit released a precedential opinion in a case appealed from the Merit Systems Protection Board involving claims under the Uniformed Services Employment and Reemployment Rights Act. The court also released two nonprecedential opinions, one in a patent case appealed from the Patent Trial and Appeal Board and the other in a pro se case appealed from the Court of Federal Claims. Here are the introductions to the opinions.

This week (and next Monday) is Court Week at the Federal Circuit. The court originally scheduled 12 panels to hear 72 cases, with the plan to hear oral argument in 45 cases. Given the National Day of Mourning for President Carter, however, the court last week announced that it would not open on Thursday, canceling two panels. As always, the court provides access to live audio of its arguments via the Federal Circuit’s YouTube channel. This month, four cases scheduled for oral argument attracted amicus briefs. Here’s what you need to know about these four cases.

As we have been reporting, four cases scheduled for oral argument at the Federal Circuit this month attracted amicus briefs. One of these cases is Marmen Inc. v. United States. In this case, Marmen appeals a judgment of the Court of International Trade, which sustained a final antidumping duty determination that assigned a dumping margin on Marmen, a Canadian wind tower producer. This is our argument preview.

As we have been reporting, four cases scheduled to be argued in January at the Federal Circuit attracted amicus briefs. One of these cases is HMTX Industries LLC v. United States. In this case, HMTX challenges the Court of International Trade’s decision to uphold a proposed increase in tariffs on goods originating in China. This is our argument preview.

As we highlighted yesterday, four cases scheduled to be argued in January at the Federal Circuit attracted amicus briefs. One of those cases is United Water Conservation District v. United States. In this case, United Water Conservation District appeals a judgment of the Court of Federal Claims, which dismissed its takings claim. The court held that a restriction of water rights did not constitute a physical taking but rather a regulatory taking, which presented an unripe controversy. This is our argument preview.

Four cases being argued next month at the Federal Circuit attracted amicus briefs. One of these cases is Dinh v. United States. In it, the Federal Circuit will review a dismissal of a takings claim by the Court of Federal Claims. That court 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. This is our argument preview.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, earlier this month the Supreme Court heard oral arguments in Feliciano v. Department of Transportation, and we have since posted our argument recap. With respect to petitions, two new petitions were filed in a patent case and a pro se case; waivers of the right to respond were filed in two patent cases, a case addressing Rule 36, and two pro se cases; briefs in opposition were filed in two patent cases; replies in support of petitions were filed in a patent case, a case addressing Rule 36, a veterans case, and a case addressing procedure; and six amicus briefs were filed in a case addressing Rule 36. In addition, the Court denied the petition in the case addressing procedure. Here are the details.

Today the Federal Circuit released a precedential opinion in one veterans case, a nonprecedential opinion in another veterans case, and two nonprecedential orders dismissing appeals. Here are the introductions to the opinions and links to the orders.