FedCircuitBlog

Here is an update on activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, oral argument in Feliciano v. Department of Transportation will take place on December 9. Since our last update, a waiver of the right to respond was filed in a pro se case, two new briefs in opposition were filed in a patent case and a veterans case, and seven amicus briefs were filed in two patent cases and a veterans case. In addition, the Court denied the petition in a patent case raising questions related to Judge Newman’s removal from hearing appeals, Federal Rule of Civil Procedure 12(d), and eligibility. Here are the details.

Today the Federal Circuit released one nonprecedential opinion. It affirms a decision of the Court of Federal Claims, which dismissed a complaint, denied a request to amend the complaint, and denied a request to transfer. Here is the introduction to the opinion.

As we reported earlier today, late Friday afternoon the Federal Circuit released a precedential order granting a petition for rehearing en banc in a government contract case. Today the Federal Circuit also released two nonprecedential orders, both of which were dismissals. Here is the introduction to the precedential order and links to the dismissals.

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 two new opinions. One comes in a government contract case raising questions related to breach of contract, breach of the implied covenant of good faith and fair dealing, and recovery of certain termination-for-convenience damages. The other comes in a patent case raising questions related the propriety of an antisuit injunction. The other update is new briefing in another patent case raising questions related to whether the district court erred in granting summary judgment of patent eligibility, noninfringement, and denial of damages. Here are the details.

Today the Federal Circuit released a nonprecedential opinion in a patent case affirming a grant of summary judgment of noninfringement, two nonprecedential orders transferring appeals, and two nonprecedential orders dismissing appeals. Here are the introductions to the opinion and transfers, along with links to the dismissals.

Here is an update on 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, two new petitions were filed. One comes in a patent case raising a question under the Administrative Procedure Act relating to inter partes review by the Patent Trial and Appeal Board. The other petition comes in a pro se case. The Court also received a new brief in opposition in a case concerning appellate procedure, an amicus brief in a patent case, and waivers of the right to respond in two other patent cases. In addition, the Court denied the petitions in three patent cases and one pro se case. Here are the details.

This morning the Federal Circuit released one precedential opinion, one nonprecedential opinion, and three nonprecedential orders. The precedential opinion vacates and remands a decision of the Court of Federal Claims in a veterans case. The nonprecedential opinion affirms a decision of the Merit Systems Protection Board, which denied a corrective action in an individual right of action appeal. The first order grants a motion seeking transfer to the Western District of Texas. The last two orders were both dismissals. Here are the introductions to the opinions and first order, as well as links to the dismissals.

This morning the Federal Circuit released four nonprecedential opinions, three nonprecedential orders, and one Rule 36 judgment. The first two opinions come in appeals of decisions of the Court of Appeals for Veterans Claims. The third opinion comes in an appeal from a decision of the Merit Systems Protection Board. The fourth opinion comes in an appeal from a judgment of the Court of Federal Claims. One of the orders denies a petition for a writ of mandamus, one transfers a case, and one is a dismissal. Here are the introductions to the opinions and first two orders, as well as links to the dismissal and Rule 36 judgment.

This morning the Federal Circuit released one nonprecedential opinion, ten nonprecedential orders, and one Rule 36 judgment. The opinion affirms a grant of a motion to dismiss for lack of subject matter jurisdiction in a pro se case. One of the orders summarily affirms a final judgment of the Court of Federal Claims, while four of the orders transfer cases. Five of the orders are dismissals. Here are the introductions to the opinion, summary affirmance, and transfers, as well as links to the dismissals and Rule 36 judgment.

Last week, the Federal Circuit heard oral argument in ATS Ford Drive Investment, LLC v. United States, a takings case that attracted an amicus brief. In it, the Federal Circuit is reviewing a judgment of the Court of Federal Claims, which granted a motion for summary judgment in favor of the government. Judges Lourie, Stoll, and Cunningham heard the argument. This is our argument recap.