FedCircuitBlog

Last month, the court heard oral argument in LaBonte v. United States, a veterans case where LaBonte is challenging a “Court of Federal Claims decision that military correction boards established under 10 U.S.C. § 1552 may not grant disability retirement to service members whose ‘Certificate of Release or Discharge From Active Duty,’ a standard separation document known as a ‘DD-214’ form, contains reference to a court martial.” Two amicus briefs were filed in support of the plaintiff-appellant, LaBonte, one by Military Law Practitioners and another a joint brief by the National Veterans Legal Services Program and Protect Our Defenders. Judges Chen, Schall, and Stoll heard the argument. This is our argument recap.

Today the Federal Circuit issued a modified and reissued nonprecedential opinion in a tax case, a nonprecedential opinion in a patent case, and a nonprecedential order granting a join motion to voluntarily dismiss appeals. Here are the introductions to the opinion and order.

This morning the Federal Circuit released a precedential opinion in combined appeals from the Court of International Trade as well as a nonprecedential order dismissing a petition for permission to appeal. Late Friday the court also released two nonprecedential orders dismissing appeals. Here are the introductions to the opinion and orders.

This morning the Federal Circuit issued three nonprecedential opinions in patent cases appealed from the Western District of Wisconsin, the Central District of California, and the Patent Trial and Appeal Board, respectively. The court also issued seven nonprecedential orders this morning and late yesterday. One grants a motion to transfer venue; two deny motions to transfer venue; two dismiss cases for lack of jurisdiction; and two grant voluntary dismissals. Here are the introductions to the opinions and orders.

This morning the Federal Circuit issued a precedential opinion in a trade case appealed from the Court of International Trade. The opinion reviews the Department of Commerce’s methods for determining potential patterns of discrimination in export prices. The court also issued four nonprecedential orders this morning and yesterday dismissing cases based on voluntary dismissals, lack of jurisdiction, and failure to prosecute. Here are the introductions to the opinion and orders.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, the Supreme Court heard arguments this week in George v. McDonough, a case addressing veterans law. While no new petitions have been filed, the Court invited the Solicitor General to file a brief expressing the views of the United States in a case concerning patent law’s enablement requirement. Additionally, two waivers of right to respond and a reply brief were filed in other patent cases. Moreover, two amicus briefs were submitted this past week: one in a patent case raising questions related to enhanced damages and one in a veterans case involving the Equal Access to Justice Act. Finally, the Court denied certiorari in two cases brought by pro se petitioners. Here are the details.

This morning the Federal Circuit issued two precedential opinions. The first comes in a patent case appealed from the Northern District of California. The second comes in an employment case appealed from the Merit Systems Protection Board. The Federal Circuit also released two nonprecedential orders concerning the court’s jurisdiction over appeals from the Board of Correction for Army Records and over interlocutory appeals from the Patent Trial and Appeal Board. Here are the introductions to the opinions and orders.

This morning the Federal Circuit released four precedential opinions. The first comes in a government contract case appealed from the Civilian Board of Contract Appeals. The other three come in trade cases appealed from the Court of International Trade. The Federal Circuit also released two nonprecedential opinions, one in a trade case and the other in a patent case. Finally, the court released a nonprecedential order, a Rule 36 judgment, and an erratum. Here are the introductions to the opinions and orders.

This morning the Federal Circuit released three nonprecedential opinions. The first comes in a patent case appealed from the Patent Trial and Appeal Board; the second in a tax case appealed from the Court of Federal Claims; and the third in a veterans case appealed from the Court of Appeals for Veterans Claims. Here are the introductions to the opinions.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received three new petitions raising questions related to estoppel arising from inter partes review, the legal standard for overruling prior precedential decisions, claim construction, and the standard for the Patent Trial and Appeal Board to evaluate substitute claims and a motion to amend claims. The court also invited responses to four petitions raising questions related to the presumption of nexus in a non-obviousness analysis; the process and standard for determining indefiniteness; and choice of law, forum selection clauses, and injunctive relief. Finally, the court denied a petition raising questions related to the assignment of patents and standing. Here are the details.