FedCircuitBlog

This morning, the Federal Circuit released four nonprecedential opinions, two nonprecedential orders, and two Rule 36 judgments. All of the opinions are per curiam and come in pro se cases, two of which are trademark cases. The orders are both dismissals. Here are the introductions to the opinions and links to the dismissals and Rule 36 judgments.

Here is an update on recent en banc activity at the Federal Circuit. Since our last update, the Federal Circuit issued two en banc opinions, one in a trade case, V.O.S. Selections, Inc. v. Trump, and another in a government contract case, Percipient.ai, Inc. v. United States. Additionally, two petitions for en banc rehearing were filed in patent cases. One raises questions related to identification of real parties in interest in inter partes review proceedings. The other raises questions related to claim construction. Finally, a response was filed in opposition to a petition in another patent case raising questions related to estoppel and inter partes review. Here are the details.

This week is Court Week at the Federal Circuit. This week (and next, as it turns out), court will convene 9 panels to consider 49 cases. Of the 49 cases, the court will hear oral argument in 33 cases. The Federal Circuit provides access to live audio of these arguments via the Federal Circuit’s YouTube channel. This month, one case scheduled for oral argument attracted an amicus brief. That case is an en banc employment law case. Here’s what you need to know about the case.

Only one case scheduled for oral argument in September attracted an amicus brief. That case is an employment law case, Lesko v United States. It raises questions concerning how “officially ordered or approved” in 5 U.S.C. § 5542(a) should be interpreted after Loper Bright Enterprises v. Raimondo, and ultimately whether the Office of Personnel Management is authorized to adopt a requirement that any overtime pay be authorized in writing. After a panel of the court heard oral argument, the court voted sua sponte for en banc consideration. This is our argument preview.

Late yesterday, the Federal Circuit released a nonprecedential order dismissing an appeal. This morning, the court released an en banc precedential opinion and two nonprecedential opinions. The en banc opinion addresses the law governing standing to file a bid protest in a government contract dispute. Judge Hughes authored the majority opinion on behalf of himself and six other judges. Notably, Judge Hughes authored a dissenting opinion that was joined by three other judges. The nonprecedential opinions come in two patent cases, one appealed from a district court and one from the Patent Trial and Appeal Board. Here are the introductions to the opinions and link to the dismissal.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Since our last update three new petitions have been filed. One presents questions related to the Lanham Act, one presents a question related to patent law, and one comes in a pro se case. Two waivers of right to respond to petitions have been filed. One comes in a trademark case, and one comes in a patent case. A brief in opposition was filed in a case presenting a question related to the Lanham Act, and an amicus brief was filed in the same case. Here are the details.

This morning, the Federal Circuit released two nonprecedential opinions, one in a patent infringement case appealed from the International Trade Commission and one in a tax case appealed from the Court of Federal Claims. The Federal Circuit also released a nonprecedential order dismissing an appeal. Here are the introductions to the opinions and a link to the dismissal.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Since our last update, seven new petitions have been filed. These new petitions raise various questions related to employment law, trademark law, free speech, procedure, and patent law. Also, two waivers of the right to respond to petitions were filed in a case related to military disability retirement and a pro se case. Here are the details.

Late yesterday, the Federal Circuit released a nonprecedential order dismissing an appeal in a patent case. This morning, the court released three nonprecedential opinions. Two come in patent cases appealed from the Patent Trial and Appeal Board and the Eastern District of Louisiana, while one comes in an antidumping case appealed from the Court of International Trade. Here are the introductions to the opinions, along with a link to the dismissal.

Late Friday, the Federal Circuit issued a nonprecedential opinion in a pro se case and a nonprecedential order dismissing an appeal. This morning, the court released a precedential opinion in a takings case appealed from the Court of Federal Claims. The Federal Circuit also issued a nonprecedential opinion in a vaccine case and another nonprecedential order dismissing an appeal. Here are the introductions to the opinions and links to the dismissals.