FedCircuitBlog

This morning, the Federal Circuit released a nonprecedential opinion in a patent case addressing eligible subject matter. The court also released a nonprecedential order dismissing an appeal. Here is the introduction to the opinion and a link to the dismissal.

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 three opinions, two in takings cases and one in a vaccine case, and a summary affirmance in a case appealed from the Merit Systems Protection Board. We also highlight reply brief in a patent case and oral arguments in two cases, a patent case and a case appealed from the Merit Systems Protection Board. Here are the details.

This morning, the Federal Circuit released a precedential opinion in a trade case holding that a failure to provide access to redacted information was a violation of due process. Late yesterday and this morning, the court also released four nonprecedential orders, one granting a motion to voluntarily dismiss a cross-appeal, one dismissing an appeal as untimely, and two dismissing appeals. Here is the introduction to the opinion, text from the grant of the motion to voluntarily dismiss and the dismissal for untimeliness, and links to the other dismissals.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, a brief for the petitioner was filed in Vidal v. Elster, a trademark case raising a question related to the First Amendment. With respect to petitions, two new petitions were filed, one in a trade case and one in a pro se case. Here are the details.

This morning, the Federal Circuit released two opinions. Specifically, the court released a precedential opinion in a veterans case addressing whether the Court of Appeals for Veterans Claims properly determined that no remand to the Board of Veterans’ Appeals was required when denying a plaintiff’s claim. The court also released a nonprecedential opinion in a pro se case in which the Court of Federal Claims dismissed a plaintiff’s case for failure to state a claim. Here are the introductions to the opinions.

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.