FedCircuitBlog

Here is an update on recent en banc activity at the Federal Circuit. Since our last update, the parties filed their en banc briefs in a pending case raising questions related to statutory interpretation and agency deference in the context of a regulation adopted by the Office of Personnel Management related to overtime pay. Two amicus briefs were also filed in President Trump’s appeal challenging judgments and injunctions entered by the Court of International Trade in cases related to his tariffs. Additionally, the Federal Circuit invited a response from appellants in two patent cases and denied three petitions. Here are the details.

This morning, the Federal Circuit released three precedential opinions, four nonprecedential opinions, and a nonprecedential order. Of the precedential opinions, two come in patent cases on appeal from the Patent Trial and Appeal Board and the Eastern District of Wisconsin, and the other comes in a takings case on appeal from the Court of Federal Claims. Of the nonprecedential opinions, two come in pro se appeals, one comes in a veterans case, and the other comes in a patent case on appeal from the Court of Federal Claims. The lone nonprecedential order dismisses an appeal. Here are the introductions to the opinions and a link to the dismissal.

Today, the Federal Circuit released three nonprecedential orders dismissing appeals. Two dismissals were agreed upon by the parties, while one dismissal resulted from an unopposed motion to voluntarily dismiss a cross appeal. Here are links to the dismissals.