FedCircuitBlog

This morning the Federal Circuit released a nonprecedential opinion in a case appealed from the Merit Systems Protection Board, dismissing the appeal for lack of jurisdiction. The Federal Circuit also released five nonprecedential orders dismissing appeals and granting a Rule 36 judgment. Here is the introduction to the opinion and links to the dismissals and Rule 36 judgment.

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

• an article examining how the Federal Circuit affirms “[n]early 73%” of Patent Trial and Appeal Board decisions; 
• another article addressing how the Federal Circuit recently clarified the analysis of intrinsic evidence for allegedly indefinite claim terms; and
• a third article discussing how the Federal Circuit revived hundreds of lawsuits by plaintiffs who “say the Army Corps of Engineers temporarily took their property by releasing water from two dams.”

This week is Court Week at the Federal Circuit, with hearings starting today. The Federal Circuit is providing access to live audio of each panel scheduled for argument via the Federal Circuit’s YouTube channel. In total, the court will convene 10 panels to consider about 55 cases. Of these 55 cases, the court will hear oral arguments in 39. Of these argued cases, three attracted amicus briefs: two patent cases and one takings case. Here’s what you need to know about these three cases.

This morning the Federal Circuit released a precedential opinion in a patent case appealed from the Central District of California. The Federal Circuit also released two nonprecedential orders. One grants an unopposed motion to dismiss an appeal; the other grants a joint motion to dismiss appeals. Here is the introduction to the opinion and links to the dismissals.

This morning the Federal Circuit released a precedential opinion in a takings case appealed from the Court of Federal Claims. The Federal Circuit also released two nonprecedential opinions. The first comes in a patent case appealed from the Patent Trial and Appeal Board; the second comes in a case appealed from the Court of Federal Claims. Here are the introductions to the opinions.

This week we are previewing oral arguments scheduled for next week at the Federal Circuit in three cases that attracted amicus briefs. Today we highlight Memmer v. United States, a takings case in which Memmer appeals 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 challenges the lower court’s analysis of causation as well as its decision that “the duration of the taking lasted as long as the railroad’s abandonment authority existed.” The United States cross-appeals to argue that the lower court “erred in holding that Indiana Southwestern would have abandoned if the NITU had not issued.” One amicus brief was filed in support of Memmer. This is our argument preview.

This morning the Federal Circuit released seven nonprecedential orders. One grants a motion to remand to the Western District of Texas; one grants a motion to transfer venue; one grants a motion to remand to the Patent Trial and Appeal Board; one transfers an appeal to the Court of Appeals for the Ninth Circuit; one summarily affirms; and two grant motions to dismiss. Here is text from the orders and links to the dismissals.

This morning the Federal Circuit released a precedential opinion in a trade case appealed from the Court of International Trade; a nonprecedential opinion in a patent case appealed from the Patent Trial and Appeal Board; and a nonprecedential order granting a joint motion to voluntarily dismiss an appeal. Here are the introductions to the opinions and text from the order.

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 cases with upcoming oral arguments: two patent cases and one takings case. Additionally, there is one patent case with new briefing.

This morning the Federal Circuit released two precedential opinions. The first comes in a patent case appealed from the Patent Trial and Appeal Board. Notably, Judge Newman dissented, disagreeing with the majority’s decision to dismiss the case for lack of jurisdiction. The second comes in a case appealed from the Court of Federal Claims. In this case, the Federal Circuit reverses the Court of Federal Claims’ dismissal and remands the case. The Federal Circuit also released a nonprecedential opinion in a veterans case appealed from the Court of Appeals for Veterans Claims. Finally, the court issued two nonprecedential orders and two Rule 36 judgments. Here are the introductions to the opinions, text from the orders, and links to the Rule 36 judgments.