FedCircuitBlog

This morning the Federal Circuit released two precedential opinions. The first comes in a patent case appealed from the District of Massachusetts. In this opinion, the Federal Circuit affirms the district court’s preliminary injunction order. The second comes in a case appealed from the Merit Systems Protection Board. In this opinion, the Federal Circuit affirms the Board’s removal of an employee of the Department of Defense. The Federal Circuit also released three nonprecedential opinions. The first and second come in veterans cases appealed from the Court of Appeals for Veterans Claims, and the third comes in a case appealed from the Merit Systems Protection Board. Finally, the Federal Circuit released a Rule 36 judgment and two nonprecedential orders. One of these orders summarily affirms, and one dismisses an appeal. Here are the introductions to the opinions, text from the summary affirmance, and links to the dismissal and Rule 36 judgment.

Last week, the Federal Circuit heard oral argument in Behrens v. United States, which involves a claim that the federal government is liable for taking land for public use through the National Trails System Act. In this case, the Behrens appealed a determination by the Court of Federal Claims that the plaintiffs were not entitled to compensation because the scope of the easement in question was broad enough to encompass railbanking and the construction of a hiking and biking trail. Judges Dyk, Taranto, and Hughes heard the oral argument. This is our argument recap.

This morning the Federal Circuit released a precedential order granting a petition for a writ of mandamus directing the Western District of Texas to vacate a scheduling order and postpone fact discovery and other substantive proceedings until after consideration of a motion for transfer. The Federal Circuit also released two nonprecedential orders granting similar relief. Notably, each order granted a petition filed by Apple Inc. The Federal Circuit also today released three nonprecedential opinions. The first comes in a veterans case appealed from the Court of Appeals for Veterans Claims; the second comes in a military case appealed from the Court of Federal Claims; and the third comes in a patent case appealed from the Southern District of New York. Finally, the Federal Circuit released a Rule 36 judgment. Here are the introductions to the opinions, text from the orders, and a link to the Rule 36 judgment.

This morning the Federal Circuit released a nonprecedential opinion in a veterans case appealed from the Court of Appeals for Veterans Claims. The Federal Circuit also released two nonprecedential orders dismissing appeals and two Rule 36 judgments. Here is the introduction to the opinion and links to the dismissals and Rule 36 judgments.

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 pro se case; the government waived its right to respond in another pro se case; a brief in opposition was filed in a case concerning judicial disqualification; three amicus briefs were filed in a patent case; and the Court denied two petitions, one in a veterans case and another in a pro se case. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received responses to petitions raising questions related to assignor estoppel and inter partes review estoppel. The court also denied a petition filed by a pro se party. Here are the details.

This week is Court Week at the Federal Circuit, with hearings starting tomorrow and extending to next Monday. As the court previously announced, some of this week’s arguments will take place in Philadelphia. Regardless of where the arguments take place—Philadelphia or Washington D.C.—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 thirteen panels to consider 65 cases. Of these 65 cases, the court will hear oral arguments in 45. And of these argued cases, three cases attracted amicus briefs. Here’s what you need to know about these three cases.

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, while no new petitions were filed with the Court, a party waived its right to respond in a patent case, the government waived its right to respond in a pro se case, and a reply in support of a petition was filed in a takings case. Here are the details.

Late yesterday and this morning, the Federal Circuit released three nonprecedential orders. One vacates a final written decision of the Patent Trial and Appeal Board based on the absence of a live controversy; one summarily affirms a judgment of the Court of Federal Claims; and one dismisses an appeal from a federal district court for failure to prosecute. Here is text from the orders and a link to the dismissal.

Three cases being argued in November at the Federal Circuit attracted amicus briefs. One of those cases attracted four amicus briefs. That case is Ideker Farms, Inc. v. United States. It concerns the federal government’s liability for taking private property. Specifically, in this case, the Federal Circuit will review the conclusion of the Court of Federal Claims that the government’s action was the cause-in-fact of flooding damage and that, as a result, a taking-by-flooding occurred. The government appeals the CFC’s judgment, while Ideker Farms cross-appeals. This is our argument preview.