FedCircuitBlog

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 takings case, two patent cases with new briefing, one patent case in which one of three appellants voluntarily dismissed its appeal, and three cases (two takings cases and one government contracts case) with upcoming oral arguments. Here are the details.

This morning the Federal Circuit released two precedential opinions. The first opinion comes in a patent case appealed from the Southern District of New York. In its opinion addressing patent eligibility, the Federal Circuit affirms the district court’s dismissal of assertions of infringement of two patents and reverses the district’s court’s dismissal of assertions of infringement of two different patents. Notably, Judge Hughes dissented in part. The second opinion comes in a case appealed from the Court of Federal Claims. In this opinion, the Federal Circuit affirms a decision that the Court of Federal Claims lacked subject-matter jurisdiction. Late yesterday, the Federal Circuit also released two nonprecedential orders granting motions to voluntarily dismiss appeals. Here are the introductions to the opinions and links to the dismissal.  

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 heard arguments last week in Arellano v. McDonough, a veterans case. With respect to petitions, one new petition was filed with the Court in a pro se case; the California Institute of Technology waived its right to respond in a patent case; the government filed its brief in opposition in a takings case; three amicus brief were filed, two in a patent case and one in a case concerning judicial disqualification; and, finally, the Court denied a petition in a challenge to a decision of the Merit Systems Protection Board. Here are the details.

This morning the Federal Circuit released a nonprecedential opinion in a veterans case appealed from the Court of Appeals for Veterans Claims. Late yesterday and this morning, the Federal Circuit also released two nonprecedential orders granting motions to voluntarily dismiss appeals. Here is the introduction to the opinion and links to the dismissals.

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 heard arguments this week in Arellano v. McDonough, a veterans case. With respect to petitions, two new petitions were filed with the Court in a patent case and a pro se case; the government waived its right to respond to a petition filed in a pro se case; the Court invited the Solicitor General to file briefs expressing the views of the United States in two patent cases related to so-called skinny labelling and eligibility, respectively; a supplemental brief was filed in a patent case raising questions related to patent law’s enablement requirement; a reply brief was submitted in a veterans case addressing the standard of proof governing rejection of disability claims; and, finally, the Court denied more than 20 petitions. Here are the details.

Last week, the Federal Circuit issued its opinion in Memmer v. United States, a case we have been following because it attracted an amicus brief. In this case, Memmer appealed a decision by the Court of Federal Claims concerning a Notice of Interim Trail Use issued by the Surface Transportation Board. In the appeal, Memmer challenged the lower court’s decision that “the duration of the taking lasted as long as the railroad’s abandonment authority existed.” The United States cross-appealed to argue that the lower court “erred in holding that Appellants’ property was taken,” and in the alternative to argue that the takings concluded when the Notice of Interim Trail expired, resulting in a shorter period of time than the lower court found. In an opinion authored by Judge Schall and joined by Judges Lourie and Reyna, the Federal Circuit vacated-in-part and remanded-in-part the lower court’s decision. This is our opinion summary.

This morning the Federal Circuit released a nonprecedential opinion in a case appealed from the Court of Federal Claims. Also, late yesterday the Federal Circuit released a nonprecedential order dismissing an appeal. Here is the introduction to the opinion and a link to the dismissal.

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 will hear oral arguments next week in Arellano v. McDonough, a veterans case. With respect to petitions, one new petition was filed with the Court in a pro se case. Additionally, the views of the Solicitor General were submitted in a patent case raising questions related to patent law’s enablement requirement. Here are the details.

This morning the Federal Circuit released two precedential opinions. The first opinion comes in a takings case appealed from the Court of Federal Claims. In its opinion, the Federal Circuit affirms the Court of Federal Claims’s determination on liability, vacates its judgment as to compensation and interest, and remands the case. The second opinion comes in a patent case appealed from the Northern District of California. In its opinion, the Federal Circuit reverses the district court’s grant of a motion to dismiss for lack of eligibility and remands the case. Here are the introductions to the opinions.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Next week the court will hear oral argument in one of the two pending en banc cases. As for petitions for en banc review, the court received a new petition filed by a pro se party, and the court denied two petitions raising questions related to the critical date of prior art and the written description requirement, respectively. Here are the details.