Opinions

Opinions & Orders – February 25, 2025

Late yesterday, the Federal Circuit released a nonprecedential order dismissing an appeal. This morning, the Federal Circuit released one precedential opinion and one nonprecedential order.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 The nonprecedential order dismisses an appeal.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.

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Argument Preview / Panel Activity

Argument Preview – Stupp Corporation v. United States

Three cases being argued next month at the Federal Circuit attracted amicus briefs. One of these cases is Stupp Corporation v. United States. In it, Stupp Corporation appeals a judgment of the Court of International Trade, which sustained the Department of Commerce’s finding upholding the application of a particular test in the differential pricing analysis to calculate antidumping margins. This is our argument preview.

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Featured / Panel Activity

Update on Important Panel Activity

Here is this month’s 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 an opinion in a patent case reviewing determinations by the International Trade Commission of patent ineligibility and no lack of enablement; three oral argument recaps in a patent case concerning patent term extension reissued patents, a case appealed from the Merit Systems Protection Board, and a government contract case; and a new patent case appealed from the Patent Trial and Appeal Board. Here are the details.

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Opinions

Opinions & Orders – February 19, 2025

This morning the Federal Circuit released three nonprecedential opinions. One comes in a government contract case on appeal from the Court of Federal Claims, one comes in a pro se veterans case on appeal from the Court of Appeals for Veterans Claims, and the other comes in an appeal from a decision of the Merit Systems Protection Board. Here are the introductions to the opinions.   

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Opinions

Opinions & Orders – February 18, 2025

This morning the Federal Circuit released four nonprecedential opinions and one nonprecedential order. Of the nonprecedential opinions, two come in veterans cases, one comes in a case on appeal from the Merit Systems Protection Board, and one comes in a patent case on appeal from the Patent Trial and Appeal Board. The lone nonprecedential order dismisses an appeal. Here are the introductions to the opinions and a link to the order.  

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En Banc Activity / Featured / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. Two new amicus briefs were filed in a pending en banc case concerning standing to allege a violation of a statute or regulation in connection with the procurement of a government contract. Additionally, one new petition was filed, presenting a question regarding apportionment of damages for patent infringement. Finally, the court denied an en banc petition raising a question regarding claim construction. Here are the details.

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Opinions

Opinions & Orders – February 11, 2025

This morning the Federal Circuit released one precedential opinion, two nonprecedential opinions, three nonprecedential orders, one Rule 36 summary affirmance, and an errata. The lone precedential opinion comes in an international trade case on appeal from the Court of International Trade. Of the nonprecedential opinions, one comes in a pro se case on appeal from the Merit Systems Protection Board and the other comes in a patent case on appeal from the Patent Trial and Appeal Board. All three nonprecedential orders dismiss appeals. Here are the introductions to the opinions and links to the summary affirmance, dismissals, and errata.

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Opinions

Opinions & Orders – February 10, 2025

Late Friday afternoon, the Federal Circuit released an errata. This morning, the Federal Circuit released two precedential opinions, three nonprecedential opinions, and four Rule 36 summary affirmances. Of the two precedential opinions, one comes in Tucker Act case and the other comes in a patent case. Of the nonprecedential opinions, one comes in a takings case, one in a veterans case, and the other is on appeal from the Merit Systems Protection Board. Here are the introductions to the opinions and links to the summary affirmances and errata.

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Argument Recap / Panel Activity

Argument Recap – Hawaiian Dredging Construction Co. v. United States

This week, the Federal Circuit heard oral argument in Hawaiian Dredging Construction Co. v. United States, a government contract case on appeal from the Court of Federal Claims. In it, the Federal Circuit is reviewing a dismissal of a complaint seeking damages based on alleged government-caused delays in a contractor’s fulfillment of its contractual obligations. Judges Dyk, Clevenger, and Prost heard the oral argument. This is our argument recap.

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Opinions

Opinions & Orders – February 6, 2025

Late yesterday, the Federal Circuit released two nonprecedential orders, each dismissing an appeal. This morning, the Federal Circuit released one precedential opinion, three nonprecedential opinions, two nonprecedential orders, and a Rule 36 summary affirmance. The lone precedential opinion comes in a patent case on appeal from the Patent Trial and Appeal Board, the nonprecedential opinions all come in cases on appeal from the Merit Systems Protection Board, and both of the nonprecedential orders dismiss appeals. Here are the introductions to the opinions and links to the summary affirmance and dismissals.

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