FedCircuitBlog

This morning, the Federal Circuit released a precedential opinion affirming a judgment of the Court of Federal Claims in a case concerning the Fair Labor Standards Act. Here is the introduction to the opinion.

Today the Federal Circuit released three nonprecedential orders. One grants a motion to dismiss an appeal for lack of jurisdiction; one denies a petition for panel rehearing and rehearing en banc; and one grants a motion to dismiss an appeal. Here is text from the first two orders and a link to the third order.

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 new cases, one with an upcoming oral argument. Additionally, we highlight an opinion in a patent case, a patent case with a new brief, and argument recaps for three cases that were heard in October. Here are the details.

This morning the Federal Circuit released a nonprecedential opinion in a government contract case appealed from the Court of Federal Claims. The Federal Circuit also released two nonprecedential orders. One of the orders denies a petition for a writ of mandamus that sought to order the Western District of Texas to transfer a case to the Northern District of California. The other order dismisses an appeal. Here is the introduction to the opinion, text from the order denying the petition, and a link to the dismissal.

This morning the Federal Circuit released a precedential opinion in a veterans case appealed from the Court of Appeals for Veterans Claims. In this opinion, the Federal Circuit affirmed, concluding that the Court of Appeals for Veterans Claims correctly interpreted the relevant statutes and that the lower court’s denial of review of state garnishment orders does not violate due process. The Federal Circuit also released a nonprecedential opinion in a case appealed from the Merit Systems Protection Board. Finally, the Federal Circuit released a nonprecedential order dismissing an appeal. Here are the introductions from the opinions and a link to the dismissal.

Here is an update on recent en banc activity at the Federal Circuit. In a pending en banc case raising questions related to whether on-the-job exposure to the recent novel coronavirus entitled federal correctional officers to additional pay pursuant to various federal statutes, the appellant filed his en banc reply brief. As for petitions in patent cases, the court received a new petition raising a question related to anticipation and two responses to a petition raising questions related to patent eligibility. The court also denied three petitions raising questions related the standard for an award of attorneys’ fees, inter partes review estoppel, and assignor estoppel. 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. With respect to petitions, one new petition was filed in a Merit Systems Protection Board case; a brief in opposition was filed by the government in response to petitions in three takings cases; and a reply brief was filed in a case concerning judicial disqualification. Here are the details.

This morning the Federal Circuit released a precedential opinion in a patent case appealed from the Patent Trial and Appeal Board. In this opinion, the Federal Circuit affirms the Board’s decision that specific claims are unpatentable, reversed the Board’s construction of the phrase “used for electrical interconnection,” and remanded the case. The Federal Circuit also released three nonprecedential opinions. The first comes in a case appealed from the Merit Systems Protection Board; the second comes in a patent case appealed from the District of Delaware; and the third comes in a government contract case appealed from the Court of Federal Claims. Finally, the Federal Circuit released two nonprecedential orders. One transfers an appeal to the Court of Appeals for the Second Circuit, and one transfers an appeal to the District of Maryland.

This morning the Federal Circuit released a precedential opinion in a patent case appealed from the Patent Trial and Appeal Board. In this opinion, the Federal Circuit affirmed the Board’s final written decisions determining that some but not all of the challenged claims were not unpatentable. The Federal Circuit also released a nonprecedential opinion in a veterans case appealed from the Court of Appeals for Veterans Claims, two nonprecedential orders, and a Rule 36 judgment. The first order summarily affirms, and the second grants an unopposed motion to dismiss a petition for a writ of mandamus. Here is the introduction to the opinions, text from the summary affirmance, and links to the order granting dismissal and the Rule 36 judgment.

Last week, the Federal Circuit heard oral argument in Ideker Farms, Inc. v. United States, a case that concerns the federal government’s liability for taking private property. Specifically, in this case, the Federal Circuit is reviewing the conclusion of the Court of Federal Claims that the government’s action was the cause-in-fact of flooding damage and that, as a result, a taking-by-flooding occurred. The government appealed the CFC’s judgment, while Ideker Farms cross-appealed. The panel hearing the oral argument included Chief Judge Moore and Judges Prost and Taranto. This is our argument recap.