FedCircuitBlog

Here is an update on activity in cases pending before panels of the Federal Circuit where the cases involve at least one amicus brief. We keep track of these cases in the “Other Cases” section of our blog. Today with respect to these cases we highlight new briefing in a patent case and recent oral arguments in a trademark case, a veterans case, and a takings case. Here are the details.

Happy New Year! The Federal Circuit kicked off 2024 with the release of one precedential opinion and one nonprecedential opinion. The precedential opinion addresses issues of standing and failure to state a claim in a government contract matter. The nonprecedential opinion addresses an appeal in a patent case in which a district court granted summary judgment of invalidity. Here are the introductions to the opinions.

Earlier this month, the Federal Circuit heard oral argument in City of Fresno v. United States. In this case, the Federal Circuit is reviewing a judgment of the Court of Federal Claims, which ruled on cross-motions for summary judgment related to breach of contract and Fifth Amendment takings claims. The plaintiffs argue on appeal that the trial court erred both in concluding that the contractual water rights in question were subordinate to the rights of others during a drought and by dismissing takings claims for lack of standing. Judges Moore, Clevenger, and Stark heard the argument. This is our argument recap. 

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. While no new petitions were filed with the Court, a reply brief was filed in a case addressing the Fair Labor Standards Act. Here are the details.

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. While no new petitions were filed with the Court, a brief in opposition was filed in a veterans case, a reply brief was filed in a trade case regarding separation of powers in imposing tariffs, and an amicus brief was filed in a patent case asking the Court to consider a question regarding patent eligibility. Here are the details.

Earlier this month, the Federal Circuit heard oral argument in In re Chestek PLLC. In this case, the Federal Circuit is reviewing the Trademark Trial and Appeal Board’s rejection of Chestek’s trademark application based on non-compliance with the domicile address disclosure requirement. Judges Lourie, Chen, and Stoll heard the argument. This is our argument recap. 

Today, the Federal Circuit released one precedential opinion and six nonprecedential orders. The opinion affirms the dismissal of a pro se complaint for lack of subject matter jurisdiction but vacates an injunction the trial court imposed on the complainant. Five of the orders are dismissals, while one denies a petition seeking a writ of mandamus. Here are the introductions to the opinion and denial of the petition, following by a link to the remaining orders.

Today the Federal Circuit a precedential opinion in a patent case appealed from the Patent Trial and Appeal Board and two nonprecedential opinions in two pro se cases. The court also released seven nonprecedential orders, two of which simply dismissed appeals. Here are the introductions to the opinions and the orders other than the dismissals.

On its website, today, the Federal Circuit did not release any opinions, but it did release eleven nonprecedential orders in various cases. (Judges Prost, Hughes, and Stoll were busy!) Other than an order granting a petition to transfer a patent case from the Western District of Texas to the Northern District of California, the orders are relatively run-of-the mill. They do things like dismiss petitions, summarily affirm, deny petitions, and grant undisputed motions to transfer, and dismissal appeals. Here are the introductions to ten of the orders and a link to the eleventh order, a dismissal.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Last week, the Supreme Court granted a petition for certiorari in a case concerning the Merit Systems Protection Board. With respect to petitions, three new petitions were filed with the Court in two patent cases and one pro se case. Additionally, six waivers of right to respond, three briefs in opposition, and two reply briefs were filed with the Court. Finally, the Supreme Court denied certiorari in a patent case and two pro se cases. Here are the details.