FedCircuitBlog

Late last month, the Federal Circuit issued its opinion in Jenkins v. United States, a takings case we have been following because it attracted an amicus brief. In this case, the Federal Circuit reviewed a district court’s conclusion that it did not have jurisdiction over a due process claim and its grant of the government’s motion for summary judgment on a takings claim related to the seizure and withholding of vehicles as the result of a drug conspiracy investigation. In an opinion authored by Judge Dyk and joined by Judges Lourie and Stark, the Federal Circuit affirmed in part and vacated and remanded in part. In particular, the court held that “there is no police power exception that insulates the United States from takings liability for the period after seized property is no longer needed for criminal proceedings.” This is our opinion summary.

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 since our last update. With respect to petitions, one new petition was filed in a Tucker Act case asking the Court to consider questions related to alleged federal government payment obligations. Also, an amicus brief in support of a petition was filed in a patent case, and a waiver of right to respond was filed in a pro se case. Here are the details.

This morning the Federal Circuit released a nonprecedential opinion in a pro se case appealed from the Merit Systems Protection Board. The court also released two nonprecedential orders, one summarily affirming a judgment of the Court of Federal Claims and another denying a petition for a writ of mandamus. Additionally, the Federal Circuit released four summary affirmances. Here is the introduction to the opinion, text from the orders, and links to the summary affirmances.

This morning, the Federal Circuit released two opinions: a precedential opinion in a patent case addressing the patentability of reissue claims and a nonprecedential opinion addressing the Court of Federal Claims’ subject matter jurisdiction. The court also released two summary affirmances. Here are the introductions to the opinions and links to the summary affirmances.

This morning, the Federal Circuit released a precedential opinion in a patent case. In it, the court vacated and remanded a Patent Trial and Appeal Board judgment that challenged claims were not unpatentable for obviousness. The court also released three nonprecedential orders, two dismissing appeals for untimeliness and one dismissing an appeal for failure to prosecute. Here is the introduction to the opinion, text from the dismissals for untimeliness, and a link to the dismissal for failure to prosecute.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. The Court granted the petition for certiorari in Rudisill v. McDonough, a veterans case raising a question related to GI Bill educational assistance. With respect to petitions, two new petitions were filed, one in a patent and one in a pro se case; a brief in opposition was filed in a patent case concerning inter partes review estoppel; and the Court denied petitions in two patent cases and five pro se cases. Here are the details.

This morning, the Federal Circuit released three opinions, one precedential opinion in a takings case and two nonprecedential opinions in patent cases addressing, respectively, claim construction and non-obviousness. Late yesterday and this morning, the court also released four nonprecedential orders dismissing appeals, one for lack of jurisdiction. Here are the introductions to the opinions and the dismissal for lack of jurisdiction and links to the other dismissals.

Earlier this month, the Federal Circuit issued its opinion in Ideker Farms, Inc. v. United States, a takings case we have been following because it attracted an amicus brief. In this case, the Federal Circuit reviewed a conclusion of the Court of Federal Claims that the government’s action was the cause-in-fact of flooding damage and that, as a result, a taking-by-flooding occurred. In an opinon authored by Chief Judge Moore and joined by Judges Prost and Taranto, the Federal Circuit affirmed in part, vacated in part, and remanded the case. This is our opinion summary.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

• an article and a blog post providing information on the recently released letter and order regarding the ongoing investigation into Judge Newman’s fitness to serve as a judge; and
• a blog post discussing whether obviousness is a question of law or fact.

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 since our last update. While no new petitions were filed with the Court, an amicus brief in support of a petition was filed in an employment case, and the Court denied certiorari in a veterans case and a patent case. Here are the details.