Argument Preview / En Banc Activity

Argument Preview – Arellano v. Wilkie

Next week, in an en banc session of the court, the Federal Circuit will hear arguments in Arellano v. Wilkie. In this veterans case, the court will consider the availability of equitable tolling in the context of disability benefits based on applications filed within one year from the date of the veteran’s discharge or release. In particular, the court will consider three related questions: (1) whether a presumption in favor of equitable tolling applies to 38 U.S.C. § 5110(b)(1), which relates to disability benefits; (2) if a presumption did apply, whether it would be rebutted by evidence that Congress did not intend an implicit exception for equitable tolling to be read into 38 U.S.C. § 5110; and (3) if the court were to hold that a presumption applies to section 5110(b)(1), whether that holding would result in the application of the same presumption to other provisions of 38 U.S.C. § 5110. This is our argument preview.

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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.

  • Four new waivers of right to respond were filed with the Court.
  • The Court denied the petitions for writ of certiorari in three cases.

Here are the details.

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Opinions

Opinions & Orders – January 15, 2021

This morning, the Federal Circuit issued two nonprecedential opinions in veterans cases. The court also issued a Rule 36 judgment. Here are the introductions to the opinions and a link to the Rule 36 judgment.

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Opinions

Opinions & Orders – January 13, 2021

This morning, the Federal Circuit issued five nonprecedential opinions: two in patent cases, one in a veterans case, one in a government contract case, and one in a trademark case. Here are the introductions to the opinions.

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En Banc Activity

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. The court scheduled oral argument in a en banc veterans case. We will post an argument preview prior to the oral argument. Highlights in pending en banc petitions in patent cases include a new petition raising questions related to enablement and claim construction; a petition and an invitation for response in a case raising a question related to injunctive relief; a response to a petition raising a question related to venue in the context of Hatch-Waxman; and denials of four petitions raising questions related to intervention in inter partes review, claim construction, and due process. Here are the details.

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Opinions

Opinions & Orders – January 11, 2021

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.

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Opinions

Opinions & Orders – January 8, 2021

This morning, the Federal Circuit issued a precedential opinion in a vaccine case, a nonprecedential opinion in a patent case, and a nonprecedential opinion in a veterans case. Here are the introductions to the opinions.

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Opinions

Opinions & Orders – January 7, 2021

This morning, the Federal Circuit issued one precedential opinion in a trademark case. The court also issued five nonprecedential opinions: one in an appeal from the Merit Systems Protection Board, two in patent cases, and two in veterans cases. Finally, the court issued four Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.

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Opinions

Opinions & Orders – January 6, 2021

This morning, the Federal Circuit issued a precedential opinion in a patent case, a nonprecedential opinion in a patent case, a nonprecedential opinion in a case appealed from the Merit Systems Protection Board, and a nonprecedential opinion in a veterans case. The Federal Circuit also issued two Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.

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Opinions

Opinions & Orders – January 5, 2021

This morning, the Federal Circuit issued one precedential opinion in a patent case. Additionally, the Federal Circuit issued four nonprecedential opinions: two concerning appeals from the Merit Systems Protection Board, one in a veterans case, and one in a patent case. Here are the introductions to the opinions.

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