FedCircuitBlog

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, the petitioners’ reply brief was filed in Bufkin v. McDonough, a veterans case concerning the benefit-of-the-doubt rule. With respect to petitions, two new petitions were filed in a patent case and a veterans case, and new waivers of the right to respond were filed in the same patent case and in a pro se case. Here are the details.

This morning the Federal Circuit released one nonprecedential opinion and six nonprecedential orders. The nonprecedential opinion affirms a final decision of the Merit Systems Protection Board, which denied a request for corrective action under the Whistleblower Protection Act. The nonprecedential orders are all dismissals. Here is the introduction to the opinion and links to the dismissals.

Last month the Federal Circuit issued its opinion in Darby Development Co. v. United States, a case that attracted three amicus briefs. In this case, the Federal Circuit reviewed a judgment by the Court of Federal Claims, which dismissed a takings claim by owners of residential rental properties. The Court of Federal Claims dismissed their complaint for failure to state a claim upon which relief could be granted. In an opinion authored by Judge Prost and joined by Judge Stoll, the Federal Circuit reversed, holding that the owners did state a claim for a physical taking, and remanded the case for further proceedings. Notably, Judge Dyk dissented. This is our opinion summary.

This morning the Federal Circuit released two precedential opinions, two nonprecedential opinions, and four nonprecedential orders. The first precedential opinion comes in a government contract case, while the second comes in a patent case. The first nonprecedential opinion comes in a tax case appealed from the Court of Federal Claims, while the second comes in an appeal from the Armed Services Board of Contract Appeals. Two of the nonprecedential orders grant motions to transfer, a third denies a petition for a writ of mandamus, and the fourth is a dismissal. Here are the introductions to the opinions and all of the orders other than the dismissal, which we link.

This morning the Federal Circuit released two nonprecedential opinions. The first reverses a determination of the Court of Federal Claims that a breach of contract claim was barred by the statute of limitations, vacates the remainder of the lower court’s decision, and remands for further proceedings. The second opinion affirms a dismissal by the Merit Systems Protection Board. Here are the introductions to the opinions.

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. With respect to petitions, one new petition was filed in a pro se case, new waivers of the right to respond were filed by the government in one takings case and three pro se cases, and one new reply in support of a petition was filed in a patent case raising a question regarding the relationship between patent term adjustment and obvious-type double patenting. Here are the details.

This morning the Federal Circuit released one precedential opinion, five nonprecedential orders, and one Rule 36 judgment. The precedential opinion comes in a government contract dispute and vacates a judgment and an injunction, affirms a sanctions order, and remands for further proceedings. Three of the nonprecedential orders deny petitions seeking orders to transfer or not transfer cases, while one remands an appeal with instructions that a district court consider a motion to vacate and the last order was a dismissal. Here are the introductions to the opinions and orders as well as links to the dismissal and Rule 36 judgment.

This morning the Federal Circuit released five nonprecedential opinions and one Rule 36 judgment. The first opinion affirms a decision of the Patent Trial and Appeal Board. The second and third opinions affirm dismissals by the Court of Federal Claims. The last two opinions affirm decisions of the Merit Systems Protection Board. Here are the introductions to the opinions and a link to the Rule 36 judgment.

This morning the Federal Circuit released one precedential opinion, two nonprecedential opinions, and three Rule 36 judgments. The precedential opinion vacates a judgment of non-infringement, reverses an exclusion of testimony, and remands a patent case for further proceedings. The first nonprecedential opinion affirms a judgment of the Court of Federal Claims in a case in which a veteran requested a retroactive promotion. The second nonprecedential opinion dismisses an appeal from the Court of Appeals for Veterans Claims. Here are the introductions to the opinions and links to the Rule 36 judgments.

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

• an article discussing a recent Federal Circuit decision addressing expert testimony;
• an article addressing another recent Federal Circuit decision addressing the application of Supreme Court precedent on patent eligibility; and
• an article reporting on a Federal Circuit judge’s skepticism that a lower court incorrectly calculated damages in a copyright case.