Panel Activity

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 opinions in cases that attracted amicus briefs: an Equal Pay Act case, a vaccine case, and a veterans case. Additionally, we highlight two new patent cases, new briefing in two patent cases, and oral arguments in nine cases last and this month. Here are the details.

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Opinions / Panel Activity

Opinion Summary – W. J. v. Secretary of Health and Human Services

In late February, the Federal Circuit issued its opinion in W.J. v. Secretary of Health and Human Services, a case we have been following because it attracted an amicus brief. In this case, the Federal Circuit reviewed a judgment of the Court of Federal Claims upholding a special master’s decision to grant a motion to dismiss a petition for compensation under the National Vaccine Injury Compensation Program. The Federal Circuit appointed amicus curiae counsel to present arguments on behalf of the appellant. In an opinion by Judge Lourie that was joined by Judges Dyk and Stark, the Federal Circuit affirmed the conclusion of the Court of Federal Claims “that equitable tolling was not appropriate and, thus, that Appellants’ petition was not timely filed under 42 U.S.C. § 300aa-16(a)(2).” This is our opinion summary.

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Opinions

Opinions & Orders – February 21, 2024

This morning, the Federal Circuit released one precedential opinion and four nonprecedential orders. Late yesterday, the Federal Circuit also released another nonprecidential order. The opinion affirms a judgment of the United States Court of Federal Claims in a vaccine case. One of the orders dismisses an appeal, and another grants a motion to transfer a case to the Middle District of Alabama. The other three orders also dismiss appeals. Here are the introductions to the opinion and two of the orders and links to the three of the dismissals.

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Panel Activity

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 two recent opinions in cases that attracted amicus briefs: one a patent case and one a trade case; three new cases we have identified that attracted amicus briefs: a takings case, a trademark case, and a veterans case; and new briefing in several cases that previously attracted amicus briefs: a new response brief in a patent case, two new reply briefs in patent cases, and supplemental briefing in a pro se case. Here are the details.

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Panel Activity

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 a new patent case, a reply brief in another patent case, oral arguments in a takings case and a pro se case, and an opinion in a patent case. Here are the details.

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Argument Recap / Panel Activity

Argument Recap – W. J. v. Secretary of Health and Human Services

Last week, the Federal Circuit heard oral argument in W.J. v. Department of Health and Human Services. In this case, the Federal Circuit is reviewing a judgment of the Court of Federal Claims upholding a special master’s decision to grant a motion to dismiss a petition for compensation under the National Vaccine Injury Compensation Program. Notably, in this pro se case, the Federal Circuit appointed amicus curiae to file a brief and argue on behalf of the appellant. The panel hearing the argument included Judges Lourie, Dyk, and Stark. This is our argument recap.

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Court Week

Court Week – September 2023 – What You Need To Know

This week is Court Week at the Federal Circuit. In total, the court will convene eight panels to consider 41 cases. Of these 41 cases, the court will hear oral arguments in 27. The Federal Circuit is providing access to live audio of these arguments via the Federal Circuit’s YouTube channel. This month, two cases attracted amicus briefs. Here’s what you need to know about these two cases.

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Argument Preview

Argument Preview – W. J. v. Secretary of Health and Human Services

As we mentioned yesterday, two cases being argued in September at the Federal Circuit attracted amicus briefs. One of these cases is W. J. v. Secretary of Health and Human Services. In this case, the Federal Circuit will review a judgment of the Court of Federal Claims upholding a special master’s decision to grant a motion to dismiss a petition for compensation under the National Vaccine Injury Compensation Program. Notably, in this pro se case, the Federal Circuit appointed amicus curiae to file a brief and argue on behalf of the appellant. This is our argument preview. 

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