FedCircuitBlog

This morning the Federal Circuit released a precedential en banc opinion in an employment case appealed from the Court of Federal Claims. The en banc court held that the Office of Personnel Management to date has not adopted regulations that provide for differential pay based on COVID-19 in various workplace settings. Notably, Judge Reyna dissented in an opinion joined by Judge Newman. The Federal Circuit also released a nonprecedential opinion dismissing a veterans case appealed from the Court of Appeals for Veterans Claims. The Federal Circuit also issued a nonprecedential order transferring a case to the Ninth Circuit and another nonprecedential order dismissing two appeals. Finally, the Federal Circuit released two Rule 36 judgments. Here are the introductions to the opinions, text from the order, and links to the dismissal and Rule 36 judgments.

This morning the Federal Circuit released three precedential opinions. The first comes in a takings case appealed from the Court of Federal Claims. In it, the Federal Circuit reversed the Claims Court’s finding that the property interests at issue were easements. The second comes in patent case appealed from the Western District of Wisconsin. In it, the Federal Circuit reversed the district court’s construction of a specific term, vacated the district court’s grant of summary judgment with respect to one patent, and affirm the district court’s grant of summary judgment with respect to another patent. The third comes in a patent case appealed from the District of Delaware. In it, the Federal Circuit affirmed the district court’s finding of lack of eligibility. The Federal Circuit also released a nonprecedential opinion in a patent case appealed from Patent Trial and Appeal Board. Finally, the Federal Circuit released a nonprecedential order dismissing an appeal.

This morning the Federal Circuit released three nonprecedential opinions. The first and second opinions come in cases appealed from the Court of Federal Claims and involve issues related to the Vaccine Act and jurisdiction, respectively. The third opinion comes in a patent case appealed from the Patent Trial and Appeal Board. The Federal Circuit also released two nonprecedential orders late yesterday and this morning. One transfers an appeal to the Northern District of Illinois, and the other dismisses an appeal. Finally, the Federal Circuit released two Rule 36 judgments. Here are the introductions to the opinions, text from the order, and links to the dismissal and Rule 36 judgments.

This morning the Federal Circuit released two nonprecedential opinions. The first comes in a case appealed from the Court of Federal Claims; the second comes in a case appealed from the Merit Systems Protection Board. The Federal Circuit also released two Rule 36 judgments. Here are the introductions to the opinions and links to the 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, a response brief was filed in Amgen Inc. v. Sanofi, Aventisub LLC, a patent case addressing the enablement requirement. With respect to petitions, one new petition was filed with the Court in a contract case; the government waived its right to respond in a patent case and a pro se case; a brief in opposition and a reply brief were filed in a patent case addressing inter partes review estoppel; and another reply brief was filed in a veterans case. Here are the details.

This morning the Federal Circuit released two precedential opinions. The first comes in a takings case appealed from the Court of Federal Claims. In it, the Federal Circuit affirmed a dismissal of the claim for lack of a cognizable property interest. The second comes in patent case appealed from the Patent Trial and Appeal Board. In it, the Federal Circuit affirms the Board’s denial of rehearing of two inter partes review proceedings. The Federal Circuit also released two nonprecedential orders dismissing appeals and a Rule 36 judgment. Here are the introductions to the opinions and links to the dismissals and Rule 36 judgment.

This morning the Federal Circuit released a precedential opinion in a trade case appealed from the Court of International Trade. In it, the Federal Circuit reversed the Court of International Trade’s determination that raised tariffs on steel imports were unauthorized under the Trade Expansion Act. The Federal Circuit also released a nonprecedential opinion in a veterans case appealed from the Court of Appeals for Veterans Claims. Finally, the Federal Circuit released three nonprecedential orders dismissing appeals. Here are the introductions to the opinions 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. In it, the Federal Circuit affirmed the Court of International Trade’s decision to dismiss a complaint for lack of jurisdiction. Here is an introduction to the opinion.

This morning the Federal Circuit released a precedential opinion in a case appealed from the Court of Federal Claims concerning attorney’s fees. In the opinion, the Federal Circuit explained why it vacated the award of attorney’s fees and remanded the case for a redetermination of the fees. The Federal Circuit also released three nonprecedential orders. Two transfer appeals to the Court of Appeals for the Second Circuit and one dismisses an appeal. Here is the introduction to the opinion, text from the orders, and a link to the dismissal.

Late Friday and this morning, the Federal Circuit released six nonprecedential orders. One transfers an appeal to the Court of Appeals for the Second Circuit, one grants a motion to dismiss an appeal subject to reinstatement, and four dismiss appeals. The Federal Circuit also released a Rule 36 judgment and an erratum. Here is text from the orders and links to the dismissals, Rule 36 judgment, and erratum.