FedCircuitBlog

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Since our last update, there has been no new activity at the Supreme Court in the two pending cases decided by the Federal Circuit. As for petitions, new petitions were filed in a takings case and two pro se cases; a waiver of the right to respond to a petition was filed in a pro se case; and three briefs in opposition were filed, two in a patent case and one in a takings case. Here are the details.

Late yesterday, the Federal Circuit released a nonprecedential order dismissing an appeal. This morning, the Federal Circuit released two nonprecedential opinions and two Rule 36 judgments. One of the opinions comes in an appeal of a decision of the Patent Trial and Appeal Board, and the other comes in a pro se appeal of a decision of the Merit Systems Protection Board. Here are the introductions to the opinions and links to the judgments and dismissal.

In December, the Federal Circuit issued an order in Mid Continent Steel & Wire, Inc. v. United States, a trade case we have been following because it attracted two amicus briefs. Before the Court reached a decision, the United States voluntarily moved to remand the case. In a per curiam order, Judges Taranto, Bryson, and Cunningham granted the motion and remanded the case to the Court of International Trade. Here is a summary of the order.

This morning, the Federal Circuit released three precedential opinions, four nonprecedential orders, and a Rule 36 judgment. One of the opinions comes in a design patent case and includes a dissent by Chief Judge Moore. The other two opinions come in related matters, trade cases challenging decisions of the Court of International Trade. As for the nonprecedential orders, one grants a motion for remand while the others are all dismissals. Here are the introductions to the opinions and the order granting remand, along with links the dismissals and Rule 36 judgment.

This week is Court Week at the Federal Circuit. The court will convene 12 panels to consider 58 cases. Of the 58 cases, the court will hear oral argument in 43. 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. Here’s what you need to know about these three cases.

As we’ve been reporting, three cases being argued at the Federal Circuit in February attracted amicus briefs. The third of these cases is Bee v. United States. In this case, William Bee appeals the denial of his request to have his military records reflect medical retirement rather than voluntary separation. This is our argument preview.

This morning, the Federal Circuit released two precedential opinions and two nonprecedential orders. One of the opinions comes in an appeal of a decision of the Court of Appeals for Veterans Claims; the other comes in an appeal of a decision of the Court of Federal Claims. One of the orders grants a motion for summary affirmance; the other is a dismissal. Here are the introductions to the opinions and the first order and a link to the dismissal.

Last month, the Federal Circuit released its opinion in Lesko v. United States, an en banc case addressing federal employment law. In it, the Federal Circuit reviewed a federal employee’s argument that a writing requirement for overtime approval was not a valid exercise of the Office of Personnel Management’s rulemaking authority. In an opinion authored by Chief Judge Moore, the en banc court concluded that the writing requirement was a valid exercise of OPM’s rulemaking authority. Judge Stoll and three other judges dissented. This is our opinion summary.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Since our last update, there has been no new activity at the Supreme Court in the two pending cases decided by the Federal Circuit. As for petitions, new petitions were filed in a takings case, a case addressing sanctions, and a pro se case. The Supreme Court also denied petitions in a veterans case, a case addressing the Quiet Title Act, and four pro se cases. Here are the details.

As we reported earlier this week, three cases being argued at the Federal Circuit in February attracted amicus briefs. One of these cases is Ligado Networks LLC v. United States, a takings case. In it, the United States appeals a decision of the Court of Federal Claims, arguing it erred by exercising jurisdiction over the case and treating a license from the Federal Communications Commission as property under the takings clause. This is our argument preview.