This morning the Federal Circuit released one precedential opinion, two nonprecedential opinions, and three nonprecedential orders. The precedential opinion reverses and remands in a Tucker Act case decided by the Court of Federal Claims. The first nonprecedential opinion affirms a judgment of the Court of Federal Claims, which dismissed a complaint for lack of jurisdiction. The second nonprecedential opinion dismisses an appeal from the Court of Appeals for Veterans Claims. One of the orders dismisses an appeal from the Patent Trial and Appeal Board as moot, while the two other orders are Rule 36 summary affirmances. Here are the introductions to the opinions and the links to the orders.
Opinions & Orders – June 6, 2024
This morning the Federal Circuit released two nonprecedential opinions and two Rule 36 judgments. The first opinion affirms a judgment in a pro se case appealed from the Court of Federal Claims, and the second opinion dismisses an appeal from the Court of Appeals for Veterans Claims for lack of jurisdiction. Here are the introductions to the opinions and links to the Rule 36 judgments.
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, we are still waiting on the Supreme Court to issue its opinion in one case. With respect to petitions, one new waiver of the right to respond was filed in a pro se case, and the Court denied the petitions in a pro se case and in a veterans case. Here are the details.
Opinions & Orders – May 30, 2024
This morning the Federal Circuit released one precedential opinion and one nonprecedential opinion. The precedential opinion affirms in part and reverses and remands in part for further proceedings a dismissal by the Court of Federal Claims of five claims raising statutory, contract, and constitutional issues. The nonprecedential opinion affirms a judgment of the Merit Systems Protection Board. Here are the introductions to the opinions.
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, we are still waiting on the Supreme Court to issue opinion in one case. With respect to petitions, one new petition was filed with the Court in a patent case, one new waiver of the right to respond was filed in a pro se case, three new replies were filed in separate Merit Systems Protection Board cases all presenting the same question for review, and the Court denied two petitions in a pro se case and in a patent case. Here are the details.
Update on Important Panel Activity
Here is an update on activity in cases pending before panels of the Federal Circuit where the cases involve 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 three new opinions and dispositions in a Little Tucker Act case, a case appealed from the Merit Systems Protection Board, a takings case, and a patent case. We also highlight three new cases that attracted amicus briefs: a patent case, a trademark case, and a veterans case. We also highlight new briefing in four patent cases as well as recent oral arguments in a patent case and government contract case. Here are the details.
Opinions & Orders – May 28, 2024
This morning the Federal Circuit released one nonprecedential opinion and seven nonprecedential orders. The opinion affirms a district court’s judgment based on lack of patent-eligible subject matter. One of the orders transfers an appeal from to the Ninth Circuit, one terminates an appeal and transfers the case to the Court of Federal Claims, and one denies a petition for a writ of mandamus. The other four orders are dismissals. Here is the introduction to the opinion and links to the orders.
Opinions & Orders – May 24, 2024
Late yesterday, the Federal Circuit released a precedential opinion reversing, vacating, and remanding a case appealed from the Patent Trial and Appeal Board. This morning, the Federal Circuit released three nonprecedential orders. The first grants a motion to remand appeals to the Court of Federal Claims. The others are dismissals. Here is the introduction to the opinion, the introduction to the order remanding appeals, and the links to the dismissals.
Opinions & Orders – May 23, 2024
This morning the Federal Circuit released one precedential opinion, one nonprecedential opinion, and one nonprecedential order. The precedential opinion affirms a judgment of the Trademark Trial and Appeal Board. The nonprecedential opinion affirms a judgment of the Patent Trial and Appeal Board. The nonprecedential order dismisses an appeal. Here are the introductions to the opinions and a link to the order.
Opinion Summary – Ireland v. United States
Last week the Federal Circuit issued its opinion in Ireland v. United States, a Little Tucker Act case that attracted an amicus brief. In this case, the Federal Circuit reviewed a decision by the Western District of Texas to grant a motion to dismiss for failure to state a claim. In an opinion authored by Judge Stoll that was joined by Judges Lourie and Linn, the Federal Circuit affirmed the judgment of the district court. The Federal Circuit held that the district court properly dismissed the case for failure to state a claim because “[t]he plain language of § 9021(b) does not create a mandatory payment obligation between the Secretary and ‘any covered individual.’” This is our opinion summary.