FedCircuitBlog

Late yesterday, the Federal Circuit released a nonprecedential order dismissing an appeal. This morning, the court released an en banc precedential opinion and two nonprecedential opinions. The en banc opinion addresses the law governing standing to file a bid protest in a government contract dispute. Judge Hughes authored the majority opinion on behalf of himself and six other judges. Notably, Judge Hughes authored a dissenting opinion that was joined by three other judges. The nonprecedential opinions come in two patent cases, one appealed from a district court and one from the Patent Trial and Appeal Board. Here are the introductions to the opinions and link to the dismissal.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Since our last update three new petitions have been filed. One presents questions related to the Lanham Act, one presents a question related to patent law, and one comes in a pro se case. Two waivers of right to respond to petitions have been filed. One comes in a trademark case, and one comes in a patent case. A brief in opposition was filed in a case presenting a question related to the Lanham Act, and an amicus brief was filed in the same case. Here are the details.

This morning, the Federal Circuit released two nonprecedential opinions, one in a patent infringement case appealed from the International Trade Commission and one in a tax case appealed from the Court of Federal Claims. The Federal Circuit also released a nonprecedential order dismissing an appeal. Here are the introductions to the opinions and a link to the dismissal.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Since our last update, seven new petitions have been filed. These new petitions raise various questions related to employment law, trademark law, free speech, procedure, and patent law. Also, two waivers of the right to respond to petitions were filed in a case related to military disability retirement and a pro se case. Here are the details.

Late yesterday, the Federal Circuit released a nonprecedential order dismissing an appeal in a patent case. This morning, the court released three nonprecedential opinions. Two come in patent cases appealed from the Patent Trial and Appeal Board and the Eastern District of Louisiana, while one comes in an antidumping case appealed from the Court of International Trade. Here are the introductions to the opinions, along with a link to the dismissal.

Late Friday, the Federal Circuit issued a nonprecedential opinion in a pro se case and a nonprecedential order dismissing an appeal. This morning, the court released a precedential opinion in a takings case appealed from the Court of Federal Claims. The Federal Circuit also issued a nonprecedential opinion in a vaccine case and another nonprecedential order dismissing an appeal. Here are the introductions to the opinions and links to the dismissals.

This morning, the Federal Circuit released two precedential opinions. Both come in cases appealed from the Court of Federal Claims, with one dismissed for lack of subject matter jurisdiction and the other a takings case. The Federal Circuit also released two nonprecedential opinions, both in patent cases, one appealed from a district court and one from the Patent Trial and Appeal Board. Lastly, the Federal Circuit released a nonprecedential order dismissing an appeal. Here are the introductions to the opinions and a link to the dismissal.

Here is an update on recent en banc activity at the Federal Circuit. Since our last update, a party filed its reply brief in a pending en banc case raising questions related to statutory interpretation and agency deference. As for pending petitions, the Federal Circuit received two new responses to petitions in patent cases, the court invited a response to a petition in a design patent case, and the court denied two petitions in two other patent cases. Here are the details.

Late last month, the Federal Circuit issued its opinion in Dinh v. United States, a case we have been monitoring because it attracted an amicus brief. In this case, the Federal Circuit reviewed a dismissal by the Court of Federal Claims of a takings claim. The Court of Federal Claims held that, because congressional action did not explicitly devalue certain bonds or require transferring funds to repay the bonds to the Puerto Rican government, there was no taking. The Federal Circuit, in a panel opinion authored by Judge Stoll and joined by Chief Judge Moore and Judge Gilstrap (sitting by designation from the Eastern District of Texas), affirmed. This is our opinion summary.

This morning, the Federal Circuit released a precedential opinion granting a motion to dismiss a takings case appealed from the Court of Federal Claims. The Federal Circuit also released two nonprecedential opinions in cases appealed from the Court of Federal Claims and the Court of International Trade, as well as a nonprecedential order granting summary affirmance in another case appealed from the Court of Federal Claims. Lastly, the Federal Circuit released two nonprecedential orders transferring appeals to the District of Columbia and the Northern District of California and four nonprecedential orders dismissing appeals. Here are the introductions to the opinions and order granting summary affirmance and links to the transfers and dismissals.