Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to the Supreme Court’s October 2021 term, the Court granted certiorari in a patent case, but notably it did so only to vacate the Federal Circuit’s judgment and remand the case for further consideration of an alleged Appointments Clause violation. Other than that, since our last post one reply in support of a petition has been filed in a veterans case and a waiver of right to respond has been filed in a patent case. Additionally, the Court denied two petitions in cases involving takings claims. Here are the details.

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Opinions

Opinions & Orders – December 15, 2021

This morning the Federal Circuit issued two nonprecedential opinions. The first comes in a case appealed from the Northern District of Alabama concerning a motion to transfer a Fair Labor Standards Act claim to the Court of Federal Claims. The second comes in an employment case appealed from the Merit Systems Protection Board concerning the jurisdiction of the Board. Here are the introductions to the opinions.

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Opinions

Opinions & Orders – December 13, 2021

This morning the Federal Circuit issued a precedential opinion in a government contract case appealed from the Court of Federal Claims. The Federal Circuit also issued a nonprecedential opinion in a veterans case appealed from the Court of Appeals for Veterans Claims. Finally, the Federal Circuit issued two Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.

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Opinions

Opinions & Orders – December 10, 2021

This morning the Federal Circuit released three opinions: a precedential opinion addressing jurisdiction in a case appealed from the Court of Federal Claims; a precedential opinion in an international trade case; and a nonprecedential opinion in a pro se case. Here are the introductions to the opinions.

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Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to the Supreme Court’s October 2021 term, the Court still has not granted any petitions in cases decided by the Federal Circuit. Since our last report, however, ten new petitions have been filed in patent, government contract, veterans, and pro se cases; briefs in opposition have been filed in three patent and veterans cases; replies in support of petitions have been filed in three patent cases; the Court requested a response to a petition in a patent case; and the Court denied petitions in three patent, trademark, and pro se cases. Here are the details.

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Opinions

Opinions & Orders – December 7, 2021

This morning the Federal Circuit released two precedential opinions, a nonprecedential opinion, and two nonprecedential orders. The precedential opinions come in a government contract case appealed from the Court of Federal Claims and a patent case appealed from the Patent Trial and Appeal Board. The nonprecedential opinion comes in a pro se case dismissed for lack of jurisdiction. The nonprecedential orders dismiss petitions for writs of mandamus, one seeking to order transfer in a patent case and the other in an apparent pro se case pending at the Court of Federal Claims. Here are the introductions to the opinions.

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Opinions

Opinions & Orders – December 3, 2021

This morning the Federal Circuit released a nonprecedential opinion reversing and remanding a patent case back to the Court of Federal Claims. Judge Hughes filed an opinion concurring in the judgment. The court also released an order dismissing a petition for a writ of mandamus. Here are the introductions to the opinions and order.

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Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to the Supreme Court’s October 2021 term, the Court still has not granted any petitions in cases decided by the Federal Circuit. Two new petitions, however, were filed with the Court: one in a trade case and one in a takings case. As for previously filed petitions, one brief in opposition and three reply briefs were filed with the Court in patent, Tucker Act, and takings cases. Additionally, the government filed a waiver of right to respond in a pro se patent case, and the Court denied a petition in another pro se case. Here are the details.

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Opinions

Opinions & Orders – November 17, 2021

This morning the Federal Circuit issued a precedential opinion in a government contract case appealed from the Court of Federal Claims. The court also issued five nonprecedential opinions. The first comes in a government contract case appealed from the Court of Federal Claims. The second comes in a veterans case appealed from the Court of Appeals for Veterans Claims. The third and fourth come in employment cases appealed from the Merit Systems Protection Board. And the fifth comes in a patent case appealed from the Western District of North Carolina. Finally, the court issued a nonprecedential order denying a petition for a writ of mandamus against the Court of Appeals for Veterans Claims. Here are the introductions to the opinions and order.

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Opinions

Opinions & Orders – November 16, 2021

This morning the Federal Circuit issued two nonprecedential opinions. The first comes in a patent case appealed from the District of Delaware. The second comes in a government contract case appealed from the Court of Federal Claims. The Federal Circuit also issued a nonprecedential order denying a petition for a writ of habeas corpus, a writ of mandamus, and a writ of quo warranto. Finally, the court issued three Rule 36 judgments. Here are the introductions to the opinions and orders and links to the Rule 36 judgments.

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