FedCircuitBlog

Today the Federal Circuit released a nonprecedential opinion in a patent case affirming a grant of summary judgment of noninfringement, two nonprecedential orders transferring appeals, and two nonprecedential orders dismissing appeals. Here are the introductions to the opinion and transfers, along with links to the dismissals.

Here is an update on activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, there is no new activity to report. With respect to petitions, two new petitions were filed. One comes in a patent case raising a question under the Administrative Procedure Act relating to inter partes review by the Patent Trial and Appeal Board. The other petition comes in a pro se case. The Court also received a new brief in opposition in a case concerning appellate procedure, an amicus brief in a patent case, and waivers of the right to respond in two other patent cases. In addition, the Court denied the petitions in three patent cases and one pro se case. Here are the details.

This morning the Federal Circuit released one precedential opinion, one nonprecedential opinion, and three nonprecedential orders. The precedential opinion vacates and remands a decision of the Court of Federal Claims in a veterans case. The nonprecedential opinion affirms a decision of the Merit Systems Protection Board, which denied a corrective action in an individual right of action appeal. The first order grants a motion seeking transfer to the Western District of Texas. The last two orders were both dismissals. Here are the introductions to the opinions and first order, as well as links to the dismissals.

This morning the Federal Circuit released four nonprecedential opinions, three nonprecedential orders, and one Rule 36 judgment. The first two opinions come in appeals of decisions of the Court of Appeals for Veterans Claims. The third opinion comes in an appeal from a decision of the Merit Systems Protection Board. The fourth opinion comes in an appeal from a judgment of the Court of Federal Claims. One of the orders denies a petition for a writ of mandamus, one transfers a case, and one is a dismissal. Here are the introductions to the opinions and first two orders, as well as links to the dismissal and Rule 36 judgment.

This morning the Federal Circuit released one nonprecedential opinion, ten nonprecedential orders, and one Rule 36 judgment. The opinion affirms a grant of a motion to dismiss for lack of subject matter jurisdiction in a pro se case. One of the orders summarily affirms a final judgment of the Court of Federal Claims, while four of the orders transfer cases. Five of the orders are dismissals. Here are the introductions to the opinion, summary affirmance, and transfers, as well as links to the dismissals and Rule 36 judgment.

Last week, the Federal Circuit heard oral argument in ATS Ford Drive Investment, LLC v. United States, a takings case that attracted an amicus brief. In it, the Federal Circuit is reviewing a judgment of the Court of Federal Claims, which granted a motion for summary judgment in favor of the government. Judges Lourie, Stoll, and Cunningham heard the argument. This is our argument recap.

Yesterday afternoon the Federal Circuit released five nonprecedential orders, which were all dismissals. This morning the Federal Circuit released two nonprecedential opinions and two nonprecedential orders. The first opinion affirms a dismissal for lack of jurisdiction by the Court of Federal Claims, while the second opinion affirms a judgment of the Court of Appeals for Veterans Claims. The first order transfers a case to the District of Arizona, while the second order is another dismissal. Here are the introductions to the opinions and transfer as well as links to the dismissals.

In late September the Federal Circuit issued its opinion in ACLR, LLR v. US, a government contract case that we have been tracking because it attracted an amicus brief. In this case, the Federal Circuit reviewed a grant of summary judgment by the Court of Federal Claims on ACLR’s claims for breach of contract, breach of the implied covenant of good faith and fair dealing, and recovery of certain termination-for-convenience damages. The Court of Federal Claims granted summary judgment in favor of the government based on ACLR’s purported failure to keep records sufficient to establish costs it was seeking to recover as damages. The Federal Circuit affirmed the judgment in an opinion authored by Judge Stark that was joined by Judge Prost and Judge Hughes. This is our opinion summary.

This morning the Federal Circuit released two nonprecedential opinions and an erratum. The first nonprecedential opinion comes in a case decided by the Court of Federal Claims involving a challenge to a decision of the Board for Correction of Naval Records. The second nonprecedential opinion comes in a veterans case appealed from the Court of Appeals for Veterans Claims. Here are the introductions to the opinions and a link to the erratum.

This week is Court Week at the Federal Circuit. The court will convene 13 panels to hear 63 cases. Of the 63 cases, the court will hear oral argument in 41 cases. The Federal Circuit provides access to live audio of these arguments via the Federal Circuit’s YouTube channel. This month, three cases scheduled for oral argument attracted amicus briefs. Here’s what you need to know about these three cases.