FedCircuitBlog

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Since our last update, there has been no new activity at the Supreme Court in the only pending case decided by the Federal Circuit. As for petitions, there has been a lot of activity:

• eight new petitions were filed, one in a patent case and seven in pro se cases;
• nine waivers of the right to respond to petitions were filed in patent cases, a veterans case, an MSPB case, a government contracts case, and pro se cases;
• fourt briefs in opposition were filed in a Quiet Title Act case, a veterans case, and government contracts case;
• three reply briefs in support of petitions were filed in the same Quiet Title Act case, a trademark case, and the same government contracts case;
• sixteen amicus briefs have been filed two patent cases, a veterans case, and two takings cases;
• supplemental briefs were filed in a patent case and a pro se case; and
• the Supreme Court denied petitions in two patent cases, a takings case, a case addressing jurisdiction and a pro se case.

Here are the details.

This morning, the Federal Circuit released six nonprecedential opinions and one nonprecedential order dismissing an appeal. Two of the opinions come in patent cases; two come in appeals of decisions of the Court of Federal Claims, one of which involves a pro se party; one comes in a pro se appeal of a decision of the Merit Systems Protection Board; and one comes in an appeal of a decision of the Armed Services Board of Contract Appeals. Here are the introductions to the opinions and a link to the dismissal.

Late yesterday, the Federal Circuit released a nonprecedential order dismissing an appeal. This morning, the court released three nonprecedential opinions and a Rule 36 judgment. One of the opinions comes in a patent infringement case. The other two come in appeals of decisions of the Merit Systems Protection Board, one of which involves a pro se party. Here are the introductions to the opinions and links to the dismissal and judgment.

Here is an update on recent en banc activity at the Federal Circuit. Since our last update, the Federal Circuit issued an en banc opinion in a case addressing federal employment law. There also have been four new petitions for en banc rehearing asking questions related to contract interpretation, standing, prior art, and sanctions and fee awards. The Federal Circuit also denied three petitions for en banc rehearing in patent cases. Here are the details.

This morning, the Federal Circuit released three nonprecedential orders dismissing appeals and an errata. Here are links to the orders and the errata.

This morning, the Federal Circuit released one nonprecedential opinion and four nonprecedential orders. The opinion comes in a pro se appeal from a decision of the Court of Federal Claims. Notably, Judge Cunningham concurred only in the result. One of the orders affirms a dismissal of a complaint by the Court of Federal Claims; another grants a motion to transfer an appeal; the final two dismiss appeals. Here are the introductions to the opinion and first two orders, along with links to the dismissals.

Late yesterday, the Federal Circuit released a nonprecedential order dismissing an appeal. The Federal Circuit is closed today. Accordingly, no opinions or orders were released this morning. Here is a link to yesterday’s dismissal.

Late yesterday, the Federal Circuit released a nonprecedential order dismissing an appeal. This morning, the Federal Circuit released one precedential opinion and two nonprecedential opinions. The precedential opinion comes in appeals of final written decisions in three inter partes review proceedings initiated by the Patent Trial and Appeal Board. One of the nonprecedential opinions also comes in an appeal of a decision by the Patent Trial and Appeal Board. The other comes in an appeal of a decision by the Court of Federal Claims. Here are the introductions to the opinions and a link to yesterday’s dismissal.

This morning, the Federal Circuit released two precedential opinions. Both come in appeals of decisions from the Court of Federal Claims. One comes in a vaccine case, and the other in a takings case. Notably, the opinion in the vaccine case is one that has been modified and reissued following a petition for rehearing. Here are the introductions to the opinions.

Late Friday, the Federal Circuit released a precedential opinion in an en banc case addressing federal employment law. Chief Judge Moore authored the majority opinion, which was joined by Judges Lourie, Dyk, Prost, Taranto, Chen, and Hughes. Notably, Judge Stoll authored a dissenting opinion that was joined by Judges Reyna, Cunningham, and Stark. This morning, the court released four nonprecedential opinions and three nonprecedential orders. One nonprecedential opinion comes in a patent infringement case appealed from the District of Delaware, another comes in a government contract case, another in an appeal of a decision of the Trademark Trial and Appeal Board, and the last one comes in a pro se challenge to a decision of the Merit Systems Protection Board. Two of the orders transfer cases, while the third order denies a petition in a veterans case. Here are the introductions to the opinions and orders.