FedCircuitBlog

Here is this month’s 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 two dispositions, one new patent case, and new briefing in another patent case. Here are the details.

Yesterday, the Federal Circuit decided Veterans4You, Inc. v. United States, a veterans case we have been following because it attracted an amicus brief. Judge Clevenger authored a unanimous panel opinion reversing the Court of Federal Claim’s conclusion that the “printing mandate” of 44 U.S.C. § 501 applied to a solicitation at issue in the case and obligated Veterans Affairs to route the solicitation through Government Publishing Office. The Federal Circuit agreed with Veterans4You’s argument that, instead, § 501 applies only to the production of written or graphic published materials. According to the Federal Circuit, because the solicited goods at issue in this case did not fall within this category of materials, they do not fall within the printing mandate. This is our opinion summary.

This morning, the Federal Circuit issued a precedential opinion in a government contract case involving veteran-owned small businesses. The court also issued six nonprecedential opinions in various cases: one dismissing an appeal from the Court of Federal Claims, two in government contracts cases, two in veterans cases, and one in a case appealed from the Merit Systems Protection Board. Here are the introductions to the opinions.

Here is this month’s 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 one disposition in a veterans case, new briefs filed in two patent cases raising due process questions related to post grant review proceedings, four recent oral arguments in veterans and government contracts cases, and four upcoming oral arguments in patent, veterans, and takings cases.

Yesterday, the Federal Circuit heard oral argument in Veterans4You LLC v. United States, a case we have been following because it attracted an amicus brief. In this case, Veterans4You asserts that the Department of Veterans Affairs wrongly invoked the “printing mandate” in 44 U.S.C. § 501 to route a VA procurement through the Government Publishing Office, which in turn violated the “Rule of Two” statutory preference for veteran-owned small businesses. This is our argument recap.

This week the Federal Circuit will convene fifteen panels to consider about 64 cases. This month, as in the past several months, the court will hear all of its oral arguments telephonically given the coronavirus pandemic. Of the 64 cases, the court will hear oral arguments in 42. Of these argued cases, four attracted amicus briefs: one in a government contract case and three in veterans cases. Here’s what you need to know about these cases.

Four cases being argued next week at the Federal Circuit attracted amicus briefs. One is Veterans4You LLC v. United States. In this case, Veterans4You asserts that the VA wrongly invoked the “printing mandate” in 44 U.S.C. § 501 to route a Department of Veterans Affairs (“VA”) procurement through the Government Publishing Office (“GPO”). Veterans4You contends this approach resulted in a violated of the “Rule of Two,” a statutory preference for veteran-owned small businesses or service-disabled veteran-owned small businesses. Veterans4You argues that the decision by the Court of Federal Claims upholding the VA’s action should be reversed. This is our argument preview.

Here is this month’s 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 dispositions in patent cases addressing estoppel related to inter partes review, anticipation, and induced infringement; new briefing in another patent case related to standing; one recent oral argument in a patent case addressing personal jurisdiction; and four upcoming oral arguments in veterans and government contracts cases.