Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. While there is no new activity to report in the merits cases, the Supreme Court did deny two petitions for certiorari. And while no new petitions were filed this week, two reply briefs in support of petitions were filed, and as were several amicus briefs.
Today the Federal Circuit sua sponte granted en banc rehearing in a veterans case, Francway v. Wilkie. Beyond granting rehearing, the en banc court also withdrew a previously issued precedential opinion in this case and issued a new precedential opinion replacing it.
In the new opinion, the en banc court responded to the argument that the “presumption of competency” used in reviewing the opinions of Department of Veterans Affairs (“VA”) medical examiners conflicts with the VA’s statutory duty to assist veterans and the statutory benefit-of-the-doubt rule used in veterans cases when the evidence is in approximate equipoise.
The en banc court overruled its caselaw to the extent that caselaw is inconsistent with merely requiring veterans to raise the issue of the competency of medical examiners, and it noted that “the requirement that the veteran raise the issue of the competency of the medical examiner is best referred to simply as a ‘requirement’ and not a ‘presumption of competency.’”
Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report covers a discussion of the Supreme Court’s dismissal of a petition by Imperium IP Holdings, a recent petition for certiorari by Veterans Contracting Group, and a comment on the Supreme Court’s recent rejection of several patent petitions.
On October 1, the Federal Circuit announced that its Clerk’s Office released an updated version of the court’s Electronic Filing Procedures. The Electronic Filing Procedures include important and even helpful information to anyone practicing in front of the court.
Another case we’re following from the Federal Circuit’s October sitting is VirnetX Inc. v. Apple Inc., which involves review of a judgment of $502 million in damages for patent infringement. Here is a recap of the oral argument, which was held last Friday before Judges Lourie, Mayer, and Taranto.
Today the Federal Circuit issued one nonprecedential opinion in a veterans case, one nonprecedential opinion in an appeal from the Court of Federal Claims, and seven nonprecedential Rule 36 judgments. Here are the introductions to the opinions and a list of the Rule 36 judgments.