FedCircuitBlog

This morning, the Federal Circuit released one precedential opinion. The opinion comes in a case brought under the Indian Tucker Act and involving several claims related to water rights and water-related infrastructure, including breach of trust, breach of contract, and takings claims. The panel affirmed in part and vacated and remanded in part a judgment of the Court of Federal Claims, which had held in favor of the United States on all of the plaintiff-appellant’s claims. Notably, Judge Reyna concurred in part and dissented in part. Here is the introduction to the majority opinion and Judge Reyna’s opinion.

Late last month the Federal Circuit issued its opinion in Boyer v. United States, an Equal Pay Act case that we have been following because it attracted an amicus brief. In this case, the Federal Circuit reviewed a decision by the Court of Federal Claims to grant the government’s motion for summary judgment rejecting a pay discrimination claim under the Equal Pay Act. In an opinion by Judge Dyk joined by Judges Chen and Stoll, the Federal Circuit reversed. The court found that “the EPA applies equally to the United States as to other employers and that mere reliance on prior compensation standing alone is not an affirmative defense to a prima facie case under the EPA, unless the employer can demonstrate that the prior pay itself was not based on sex.”

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, the Supreme Court issued its opinion last week in Rudisill v. McDonough, a veterans case. With respect to petitions, two new petitions were filed in a patent case and a pro se case, and the Court denied a petition in another pro se case. Here are the details.

This morning, the Federal Circuit released two precedential opinions and two nonprecedential dismissals. One of the opinions, in a case that attracted an amicus brief, addresses a petition for review from a judgment of the Merit Systems Protection Board. The other opinion addressed an appeal from a judgment of the Court of Appeals for Veterans Claims. Here are the introductions to the opinions and links to the orders.

This month, the Federal Circuit heard oral argument in four cases that attracted amicus briefs. One was Textron Aviation Defense LLC v. United States. In this case, the Federal Circuit is reviewing a judgment of the Court of Federal Claims, which granted the government’s motion to dismiss for failure to state a claim, or in the alternative for summary judgment, in a government contract case. Judges Prost, Clevenger, and Cunningham heard the argument. This is our argument recap.

This morning, the Federal Circuit released one precedential opinion, one nonprecedential opinion, one precedential order, and three nonprecedential orders. The precedential opinion addresses an appeal from judgments arising out of a bench trial in the Western District of Louisiana in a patent case.  The nonprecedential opinion affirms a decision by the Patent Trial and Appeal Board finding certain claims unpatentable for obviousness. The precedential order, which attracted amicus attention and a dissent joined by four judges, denies a sua sponte request for rehearing en banc. Two of the orders transfer cases, and one dismisses a set of appeals. Here are the introductions to the opinions, selected text from the precedential order and transfers, and link to the dismissal.

This morning, the Federal Circuit released one precedential opinion, two nonprecedential opinions, and six nonprecedential orders. The precedential opinion, which attracted two amicus briefs, addresses an appeal from a final judgment of a district court holding certain patent claims invalid as obvious. Judge Cunningham filed an opinion dissenting in part. One of the nonprecedential opinions affirms four final written decisions of the Patent Trial and Appeal Board, determining all claims are unpatentable over asserted prior art. The other nonprecedential opinion affirms a decision of the Merit Systems Protections Board. Two of the nonprecedential orders transfer appeals to other United States appellate courts. Four of the nonprecedential orders are dismissals. Here are the introductions to the opinions, selected text from the transfer orders, and links to the dismissals.

This morning, the Federal Circuit released two nonprecedential opinions and three nonprecedential dismissals. One of the opinions addresses an appeal from a judgment of the Court of Appeals for Veterans Claims, which denied an early effective date for disability compensation. The other opinion addresses an appeal from a judgment of the Merit Systems Protection Board, which denied a request for corrective action under the Whistleblower Protection Act and the Whistleblower Protection Enhancement Act. Here are the introductions to the opinions and links to the dismissals.

This morning, the Federal Circuit released one precedential opinion, six nonprecedential opinions, three dismissals, and two Rule 36 summary affirmances. The precedential opinion addresses an appeal from a dismissal by the Court of International Trade for lack of subject matter jurisdiction. Three of the nonprecedential opinions dismiss appeals from the Court of Appeals for Veterans Claims—two for lack of jurisdiction and one for lack of a final judgment. Another two of the nonprecedential opinions affirm judgments of the Merit Systems Protection Board. The last nonprecedential opinion addresses an appeal and cross-appeal from a judgment of the International Trade Commission, which found that a collection of imported products infringed certain patents, but also found certain redesigns not to infringe. Here are the introductions to the opinions and links to the dismissals and summary affirmances.

This morning, the Federal Circuit released two nonprecedential opinions and seven Rule 36 summary affirmances. One of the opinions addresses an appeal from a judgment of the Patent Trial and Appeal Board. The other opinion addresses an appeal from a judgment of the Court of Federal Claims. Here are the introductions to the opinions and links to the summary affirmances.