Opinions

Opinions & Orders – April 5, 2024

This morning, the Federal Circuit released two nonprecedential opinions and seven Rule 36 summary affirmances. One of the opinions addresses an appeal from a judgment of the Patent Trial and Appeal Board. The other opinion addresses an appeal from a judgment of the Court of Federal Claims. Here are the introductions to the opinions and links to the summary affirmances.

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Opinions

Opinions & Orders – April 4, 2024

This morning, the Federal Circuit released two precedential opinions, one nonprecedential opinion, one Rule 36 summary affirmance, and one nonprecedential order. One of the two precedential opinions affirms a summary judgment by a district court in a patent case. The other precedential opinion resolves an appeal from a judgment of the United States Court of International Trade. The nonprecedential opinion addresses an appeal from a judgment of the Merit Systems Protection Board. Finally, the order denies a petition for writ of mandamus seeking to order the Western District of Texas to transfer a case to the Northern District of California. Here are the introductions to the opinions, selected text from the order, and a link to the summary affirmance.

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Opinions

Opinions & Orders – April 2, 2024

This morning, the Federal Circuit released two nonprecedential opinions, three nonprecedential orders, and one Rule 36 summary affirmance. Both of the opinions address appeals from judgments of the Merit Systems Protection Board. The orders are dismissals. Here are the introductions to the opinions and links to the dismissals and summary affirmance.

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Opinions

Opinions & Orders – April 1, 2024

This morning, the Federal Circuit released two precedential opinions, two nonprecedential opinions, and one nonprecedential order. The first precedential opinions addresses an appeal from a judgment of the Court of Federal Claims regarding a military officer’s retirement status and affiliated retirement pay. The second precedential opinions addresses an appeal from a judgment of a district court in a patent case and affirms the district court’s indefiniteness determination but vacates and remands its nonobviousness determination. Both of the nonprecedential opinions address appeals from judgments of the Eastern District of Texas granting motions for summary judgment of noninfringement, and the Federal Circuit affirms in both cases. The nonprecedential order denies a petition for a writ of mandamus asking the court to order the reopening of a case. Here are the introductions to the opinions and selected text from the order.

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Court Week / Panel Activity

Court Week – April 2024 – What You Need to Know

This week is Court Week at the Federal Circuit. In total, the court will convene 13 panels to consider 65 cases. Of these 65 cases, the court will hear oral arguments in 46. The Federal Circuit is providing access to live audio of these arguments via the Federal Circuit’s YouTube channel. This month, four cases scheduled for oral argument attracted amicus briefs. Here’s what you need to know about these four cases.

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Argument Recap

Argument Recap – Lemon Bay Cove LLC v. United States

Earlier this month, the Federal Circuit heard oral argument in Lemon Bay Cove LLC v. United States, a takings case that attracted an amicus brief. In this case, the Federal Circuit is reviewing a judgment of the Court of Federal Claims, which held that the denial of a wetland permit by the United States Army Corps of Engineers was not a categorical taking or regulatory taking of Lemon Bay’s land. Judges Reyna, Mayer, and Cunningham heard the argument. This is our argument recap.

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Argument Preview / Panel Activity

Argument Preview – Textron Aviation Defense LLC v. United States

Four cases being argued in April at the Federal Circuit attracted amicus briefs. One of these cases is Textron Aviation Defense LLC v. United States. In it, the Federal Circuit will review a judgment by the Court of Federal Claims, which granted the government’s motion to dismiss for failure to state a claim, or in the alternative for summary judgment, in a government contract case. This is our argument preview.

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Petitions / Supreme Court Activity

Recent Supreme Court Activity

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 oral argument this week in a case originating at the Merit Systems Protection Board, Harrow v. Department of Defense. With respect to petitions, one new petition was filed in a design patent case, a brief in opposition was filed in a veterans case, and the Court denied a petition in a pro se case. Here are the details.

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Argument Recap

Argument Recap – Ireland v. United States

Earlier this month, the Federal Circuit heard oral argument in Ireland v. United States, a case that attracted an amicus brief. In this case, the Federal Circuit is reviewing a decision by the Western District of Texas to grant a motion to dismiss for failure to state a claim in an unemployment benefits case under the Little Tucker Act. Judges Lourie, Linn, and Stoll heard the argument. This is our argument recap.

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En Banc Activity

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. Highlights include new petition for rehearing in two patent cases. One petition raise questions concerning government licenses to patents, while the other petition raises questions related to indefiniteness and claim construction. Here are the details.

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