News

Recent News on the Federal Circuit

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

  • a blog post discussing a recent Federal Circuit decision that “provides a lesson into the importance of carefully drafting—and understanding—the scope of licensing terms, especially covenants not to sue”; and
  • an article about how a “Federal Circuit Court of Appeals panel . . . denied an Oklahoma landowner’s bid to overturn a lower court’s ruling that the federal government isn’t liable for flooding damage to her property due to activity at a nearby Cherokee Nation casino.”
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Court Week

Court Week – March 2024 – What You Need to Know

This week is Court Week at the Federal Circuit. In total, the court will convene 14 panels to consider 64 cases. Of these 64 cases, the court will hear oral arguments in 50. The Federal Circuit is providing access to live audio of these arguments via the Federal Circuit’s YouTube channel. This month, five cases scheduled for oral argument attracted amicus briefs. Here’s what you need to know about these five cases.

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Argument Preview

Argument Preview – Ireland v. United States

As we’ve been reporting, five cases being argued in March at the Federal Circuit attracted amicus briefs. One of these cases is Ireland v. United States. In it, the Federal Circuit will review 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. This is our argument preview.

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Opinions

Opinions & Orders – March 1, 2024

This morning, the Federal Circuit released one precedential opinion, one nonprecedential order, and one dismissal. The precedential opinion addresses an appeal from a judgment of the Court of Federal Claims in case involving claims under the Tucker Act. The nonprecedential order dismisses a case for lack of jurisdiction. Here are the introductions to the opinion and order.

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Argument Preview

Argument Preview – Lemon Bay Cove LLC v. United States

As we have been reporting, five cases being argued in March at the Federal Circuit attracted amicus briefs. One of these cases is Lemon Bay Cove LLC v. United States. In it, the Federal Circuit will review 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. This is our argument preview.

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Opinions

Opinions & Orders – February 29, 2024

Happy Leap Day! This morning, the Federal Circuit released one nonprecedential opinion. The opinion addresses an appeal from a judgment of the Court of Federal Claims, which dismissed a Fifth Amendment takings claim.  Here is the introduction to the opinion.

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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, there is no new activity to report since our last update. With respect to petitions, two new petitions were filed in two pro se cases. Additionally, a brief in opposition was filed in a patent case and three amicus briefs were filed in a veterans case. Here are the details.

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Opinions

Opinions & Orders – February 28, 2024

This morning, the Federal Circuit released one nonprecedential opinion and five nonprecedential orders. The opinion addresses an appeal hinging on the interpretation of a patent license agreement. One of the nonprecedential orders addresses a petition for a writ of mandamus. The remaining four nonprecedential orders are dismissals. Here is the introduction to the opinion, selected text from the order addressing the petition, and links to the dismissals.

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Opinions

Opinions & Orders – February 22, 2024

This morning, the Federal Circuit released one nonprecedential opinion and six nonprecedential orders. The opinion affirms judgments of the Patent Trial and Appeal Board in two inter partes review proceedings. The orders dismiss appeals. Here are the introduction to the opinion and text from the orders.

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Opinions

Opinions & Orders – February 16, 2024

This morning, the Federal Circuit released one precedential opinion, one precedential order, one nonprecedential opinion, three nonprecedential orders, and two errata. In the precedential opinion—which addresses an appeal from a judgment of non-infringement by a district court—the Federal Circuit concluded that the district court incorrectly construed claim terms and thus vacated the judgment and remanded for further proceedings. The precedential order admonishes counsel for attempting to incorporate by reference multiple pages of argument from a brief in another case and warns future litigants against doing the same thing. The nonprecedential opinion addresses an appeal from a district court’s grant of a preliminary injunction in a patent and trade dress infringement case. The three nonprecedential orders are dismissals. Here are the introductions to the opinions and precedential order and links to the dismissals and errata.

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