FedCircuitBlog

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 update, however, a pro se party filed one new petition with the Court in a patent case. As for previously filed petitions, one amicus brief in a veterans case and one waiver of right to respond in a pro se case were filed. Here are the details.

This week we are previewing three cases scheduled to be argued next week at the Federal Circuit that attracted amicus briefs. Today we highlight a tax case, Brown v. United States. In this case, George P. Brown and Ruth Hunt-Brown ask the Federal Circuit to overrule the holding of the Court of Federal Claims that it did not have subject matter jurisdiction over their case because the Browns did not attach a power of attorney to amended income tax returns filed by their agent. This is our argument preview.

This week we are previewing three cases scheduled to be argued next week at the Federal Circuit that attracted amicus briefs. Today we highlight an Equal Access to Justice Act case, Monroe v. United States. In this case, the United States asks the Federal Circuit to overrule what it characterizes as an abuse of discretion by the trial court in awarding attorney’s fees and expenses to the plaintiff-appellee. This is our argument preview.

This morning the Federal Circuit issued two nonprecedential opinions, one in a veterans case appealed from the Court of Appeals for Veterans Claims and one in a case concerning the jurisdiction of the Court of Federal Claims. Here are the introductions to the opinions.

Here is this month’s 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 two dispositions in patent cases appealed from federal district courts and a disposition in a takings case appealed from Court of Federal Claims. 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 the Supreme Court’s October 2021 term, the Court still has not granted any petitions in cases decided by the Federal Circuit. As for pending petitions, since our last update one new petition was filed in a trademark case. Additionally, the government filed two waivers of right to respond. The Court also requested responses to two pending petitions in patent cases. Lastly, the Court denied seven petitions. Here are the details.

This morning the Federal Circuit issued a precedential opinion in a patent case appealed from the Patent Trial and Appeal Board and two nonprecedential opinions in cases appealed from the Court of Federal Claims and the Trademark Trial and Appeal Board. In addition, the court issued two nonprecedential orders granting petitions for writs of mandamus ordering the Western District of Texas to transfer patent cases. Finally, the Federal Circuit issued a Rule 36 judgment. Here are the introductions to the opinions and orders and a link to the Rule 36 judgment.

This morning the Federal Circuit issued three precedential opinions. The first two come in related patent cases appealed from the Eastern District of Texas and address claim construction, infringement, and definiteness. The third comes in another patent case appealed from the District of Columbia and replaces an earlier opinion, issued by the Federal Circuit in August, regarding the shifting of attorney and expert witness fees in civil actions to obtain patents. The Federal Circuit also issued two nonprecedential opinions appealed respectively from the Court of Appeals for Veterans Claims and the Trademark Trial and Appeal Board. Finally, the Federal Circuit issued four Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.

Early this month the Federal Circuit issued its opinion in The Modern Sportsman, LLC v. United States, a takings case we have been following because it attracted an amicus brief. The case involved allegations the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) committed takings under the Takings Clause of the Fifth Amendment when it banned bump-fire type rifle stocks. The Court of Federal Claims dismissed the case, and Judges Taranto, Wallach, and Chen heard the appeal. Judge Taranto authored a short non-precedential opinion affirming the Court of Federal Claims, and Judge Wallach authored an opinion concurring in the result. This is our opinion summary. 

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, which began this week, the Court still has not granted any petitions in cases decided by the Federal Circuit. Since our last update, however, two new petitions have been filed with the Court: one in a veterans case and one filed by a pro se petitioner. As for previously filed petitions, one brief in opposition and two waivers of right to respond were filed. Finally, the Court denied 22 petitions following its first conference of the new term. Here are the details.