FedCircuitBlog

This morning, the Federal Circuit released one precedential opinion, one nonprecedential opinion, and one errata. The precedential opinion comes in a veterans case appealed from the Court of Appeals for Veterans Claims. The nonprecedential opinion comes in a patent case appealed from the Northern District of California. Here are the introductions to the opinions and a link to the errata.

Here is an update on activity in cases pending before panels of the Federal Circuit where the cases have attracted 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 four recent opinions: one addressing injunctive relief, two addressing bilateral tax treaties and their relation to net investment income tax, and one addressing educational benefits for veterans. We also identify two new cases: one raising questions related to injunctive relief, and one raising questions related to the domestic-industry requirement. We highlight two response briefs in cases that raised questions related to inter partes reviews and obviousness; two reply briefs in cases that raise questions related remedies against the United States and copyright law; and one intervenor brief in a case that raises questions related to the ability to appeal denial of institution of inter partes review. Here are the details.

This week (and, as it turns out, next Monday) is Court Week at the Federal Circuit. The court will convene 10 panels to consider 56 cases. Of these 56 cases, the court will hear oral arguments in 36. The Federal Circuit provides access to live audio of these arguments via the Federal Circuit’s YouTube channel. This month, two cases scheduled for oral argument attracted amicus briefs. Here’s what you need to know about these cases.

Late yesterday, the Federal Circuit released a nonprecedential order dismissing a petition. This morning, the court released one precedential opinion and three nonprecedential orders dismissing appeals. The opinion comes in a government contract case appealed from the Court of Federal Claims. Here is the introduction to the opinion as well as links to the orders.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. There are currently no cases pending before the Supreme Court that were previously decided by the Federal Circuit. As for pending petitions, since our last update, three new petitions were filed in a case addressing federal employment law and two pro se cases; waivers of the right to respond to petitions were filed in two other pro se cases; and three amicus briefs were filed in a patent case. Here are the details.

As we reported Monday, two cases being argued at the Federal Circuit in September attracted amicus briefs. One of these cases is Barron v. United States. In it, 54 plaintiffs appeal dismissals by the Court of Federal Claims of their takings claims. The appeal present questions related to railroad easements and the interpretation of condemnation decrees and deeds under Florida law. This is our argument preview.

Late yesterday, the Federal Circuit released two nonprecedential orders, one dismissing an appeal and the other dismissing a petition. This morning, the court released one precedential opinion, three nonprecedential opinions, and two nonprecedential orders dismissing appeals. All four opinions come in patent cases appealed from the Patent Trial and Appeal Board; three involve the same parties. Here are the introductions to the opinions as well as links to the orders.

This morning, the Federal Circuit released five precedential opinions, three nonprecedential opinions, and one nonprecedential order. Two of the precedential opinions come in tax cases appealed from the Court of Federal Claims and address whether bilateral tax treaties relieve U.S. taxpayers from double taxation with respect to the net investment income tax. Two other precedential opinions come in patent cases, one appealed from the Eastern District of Texas and the other from the District of Delaware. The fifth precedential opinion comes in an appeal from a decision of the Merit Systems Protection Board. As for the nonprecedential opinions, two come in related patent cases appealed from the Patent Trial and Appeal Board involving the same parties, and the third comes in another patent case appealed from the Eastern District of Texas. The order dismisses an appeal from the Court of Federal Claims. Here are the introductions to the opinions and a link to the order.

Late yesterday, the Federal Circuit released four nonprecedential orders dismissing appeals. This morning, the court released three nonprecedential opinions and four nonprecedential orders. Two of the opinions come in related patent cases appealed from the Patent Trial and Appeal Board involving the same parties, Apple Inc. and Smart Mobile Technologies LLC. The other opinion comes in a veterans case appealed from the Court of Appeals for Veterans Claims. As for today’s orders, one dismisses an appeal from the Court of Federal Claims for lack of jurisdiction, one remands a patent case from the District of Delaware following the parties’ settlement, one dismisses appeals from the Patent Trial and Appeal Board by agreement of the parties, and one transfers a Merit Systems Protection Board petition to the Eastern District of Arkansas. Here are the introductions to the opinions as well as links to the orders.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. There are currently no pending cases previously decided by the Federal Circuit. As for pending petitions, since our last update, two new petitions were filed in a patent case and a pro se case; four waivers of the right to respond to petitions were filed in two patent cases and a pro se case; and one brief in opposition was filed in an Indian Tucker Act case. Here are the details.