FedCircuitBlog

This morning, the Federal Circuit released two nonprecedential opinions, three nonprecedential orders, and one Rule 36 summary affirmance. Both of the opinions address appeals from judgments of the Merit Systems Protection Board. The orders are dismissals. Here are the introductions to the opinions and links to the dismissals and summary affirmance.

This morning, the Federal Circuit released two precedential opinions, two nonprecedential opinions, and one nonprecedential order. The first precedential opinions addresses an appeal from a judgment of the Court of Federal Claims regarding a military officer’s retirement status and affiliated retirement pay. The second precedential opinions addresses an appeal from a judgment of a district court in a patent case and affirms the district court’s indefiniteness determination but vacates and remands its nonobviousness determination. Both of the nonprecedential opinions address appeals from judgments of the Eastern District of Texas granting motions for summary judgment of noninfringement, and the Federal Circuit affirms in both cases. The nonprecedential order denies a petition for a writ of mandamus asking the court to order the reopening of a case. Here are the introductions to the opinions and selected text from the order.

This week is Court Week at the Federal Circuit. In total, the court will convene 13 panels to consider 65 cases. Of these 65 cases, the court will hear oral arguments in 46. The Federal Circuit is providing access to live audio of these arguments via the Federal Circuit’s YouTube channel. This month, four cases scheduled for oral argument attracted amicus briefs. Here’s what you need to know about these four cases.

Earlier this month, the Federal Circuit heard oral argument in Lemon Bay Cove LLC v. United States, a takings case that attracted an amicus brief. In this case, the Federal Circuit is reviewing a judgment of the Court of Federal Claims, which held that the denial of a wetland permit by the United States Army Corps of Engineers was not a categorical taking or regulatory taking of Lemon Bay’s land. Judges Reyna, Mayer, and Cunningham heard the argument. This is our argument recap.

Four cases being argued in April at the Federal Circuit attracted amicus briefs. One of these cases is Textron Aviation Defense LLC v. United States. In it, the Federal Circuit will review a judgment by the Court of Federal Claims, which granted the government’s motion to dismiss for failure to state a claim, or in the alternative for summary judgment, in a government contract case. This is our argument preview.

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 oral argument this week in a case originating at the Merit Systems Protection Board, Harrow v. Department of Defense. With respect to petitions, one new petition was filed in a design patent case, a brief in opposition was filed in a veterans case, and the Court denied a petition in a pro se case. Here are the details.

Earlier this month, the Federal Circuit heard oral argument in Ireland v. United States, a case that attracted an amicus brief. In this case, the Federal Circuit is reviewing a decision by the Western District of Texas to grant a motion to dismiss for failure to state a claim in an unemployment benefits case under the Little Tucker Act. Judges Lourie, Linn, and Stoll heard the argument. This is our argument recap.

Here is an update on recent en banc activity at the Federal Circuit. Highlights include new petition for rehearing in two patent cases. One petition raise questions concerning government licenses to patents, while the other petition raises questions related to indefiniteness and claim construction. Here are the details.

This morning, the Federal Circuit released one precedential opinion and two nonprecedential orders. The opinion addresses a dispute over the application of the Equal Pay Act and an employer’s reliance on prior compensation to justify gender pay discrepancy. The orders are dismissals. Here is the introduction to the opinion and links to the dismissals.

This morning, the Federal Circuit released one precedential opinion, one nonprecedential opinion, and four nonprecedential orders. The precedential opinion concerns a “seven-day trip of two transcatheter heart valve systems in and out of San Francisco”—and whether this act of “importation” was exempt from patent infringement under the safe harbor provision of 35 U.S.C. § 271(e)(1). Judge Lourie dissented from the majority’s interpretation of the relevant statutory language and precedent to exempt infringement in this situation. The nonprecedential opinion addresses an appeal from a decision of the Court of Appeals for Veterans Claims affirming the denial of fees. The orders are dismissals. Here are the introductions to the opinions and links to the orders.