FedCircuitBlog

This morning, the Federal Circuit released four nonprecedential opinions. Two arose from challenges to decisions of the Merit Systems Protection Board. One came in a pro se appeal from a decision of the Court of Federal Claims. The final opinion addressed an appeal from a decision of the Court of Appeals for Veterans Claims. The Federal Circuit also released one Rule 36 summary affirmance, three nonprecedential orders dismissing appeals, and one nonprecedential order granting summary affirmance. Here are the introductions to the opinions and order granting summary affirmance, as well as links to the Rule 36 judgment and dismissals.

Last month, the Federal Circuit held an en banc session to hear oral argument in Percipient.AI v. United States. In this government contract case, the court is considering “who can be ‘an interested party objecting to . . . any alleged violation of statute or regulation in connection with a procurement or a proposed procurement’ under 28 U.S.C. § 1491(b)(1)?” This is our argument recap. 

Late yesterday, the Federal Circuit released a nonprecedential order dismissing a case appealed from the Patent Trial and Appeal Board. This morning, the Federal Circuit released three nonprecedential opinions in cases appealed from the Court of Appeals for Veterans Claims, the Merit Systems Protection Board, and the Court of Federal Claims. The Federal Circuit also released two Rule 36 judgments in two patent cases. Here are introductions to the opinions and links to the Rule 36 judgments and dismissal.

Late yesterday, the Federal Circuit released a nonprecedential order dismissing a patent case appealed from the Patent and Trademark Office. This morning, the Federal Circuit issued five nonprecedential opinions. Two arose from appeals of decisions of the Merit Systems Protection Board, one from a decision of the Court of Appeals for Veterans Claims, one from a decision of the Court of Federal Claims, and one from a decision of the Trademark Trial and Appeal Board. The Federal Circuit also released two Rule 36 judgments and two more dismissals. Here are the introductions to the opinions and links to the Rule 36 judgments and dismissals.

Here is an update on recent en banc activity at the Federal Circuit. Since our last update, the parties filed their en banc briefs in a pending case raising questions related to statutory interpretation and agency deference in the context of a regulation adopted by the Office of Personnel Management related to overtime pay. Two amicus briefs were also filed in President Trump’s appeal challenging judgments and injunctions entered by the Court of International Trade in cases related to his tariffs. Additionally, the Federal Circuit invited a response from appellants in two patent cases and denied three petitions. Here are the details.

Late yesterday, the Federal Circuit released two nonprecedential orders dismissing appeals. This morning, the Federal Circuit released one nonprecedential opinion in a pro se case appealed from the Court of Federal Claims. The court also released two Rule 36 judgments and four nonprecedential orders. One of the nonprecedential orders denied a petition for a writ of mandamus in a case appealed from the Eastern District of Texas. Another denied petitioners the right to appeal in a case decided by the Court of Federal Claims. Finally, the remaining two nonprecedential orders released today also dismissed appeals. Here are the introductions to the opinions and orders as well as links to the Rule 36 judgments and dismissals.

Late yesterday, the Federal Circuit issued a nonprecedential order dismissing an appeal from the Court of International Trade. This morning, the Federal Circuit released two nonprecedential orders. The first dismisses an appeal from the Board of Veterans’ Appeals, while the second transfers a case appealed from the Merit Systems Protection Board to the District of Maryland. Here is the introduction to the order dismissing the appeal from the the Board of Veterans’ Appeals and links to the transfer and dismissal.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With regard to granted petitions, there is no new activity. With regard to pending petitions, two new petitions were filed in pro se cases, and a new reply brief was filed in a patent case raising a question regarding objective indicia of non-obviousness. The Court also denied a petition in another pro se case. Here are the details.

This morning, the Federal Circuit released two nonprecedential opinions. One of the opinions came in a government contract case appealed from the Court of Federal Claims. The other opinion came in a case appealed from the Merit Systems Protection Board. The Federal Circuit also released two nonprecedential orders dismissing appeals. Here are the introductions to the opinions and links to the dismissals.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today we highlight:

• an article describing how “the U.S. Patent and Trademark Office is going all-in on generative artificial intelligence solutions to help improve its business operations”;
• a piece examining a recent precedential Federal Circuit holding that “inter partes review estoppel does not extend to arguments that the claimed invention is invalid because it was known or used by others, on sale, or in public use”; and
• an article discussing how “[t]housands of disabled veterans could be eligible for additional retroactive combat-related special compensation after the Supreme Court unanimously ruled last week that federal officials had unfairly capped those payments.”