FedCircuitBlog

This morning, the Federal Circuit released two precedential opinions and two nonprecedential orders. One of the opinions comes in a patent infringement case; the other comes in an appeal of a judgment of the Court of International Trade in a trade case. One of the orders grants the government’s motion for a summary affirmance in an appeal of final judgment of the Court of Federal Claims; the other is a dismissal. Here are the introductions to the opinions and first order and a link to the dismissal.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today we highlight:

• an article reporting how “President Donald Trump . . . tapped one of his White House lawyers to fill a vacancy on the U.S. Court of International Trade, a federal court that could prove pivotal in deciding tariff refunds if the Supreme Court strikes down some of the president’s duties”;
• an article discussing how the Supreme Court put President Trump’s tariff case “on a fast track at the administration’s urging” but doesn’t “seem in a rush to rule on the president’s signature economic program”;
• an article observing how, in late 2025, “the USPTO announced the creation” of a working group related to standard essential patents in “the latest effort of the USPTO to strengthen the ability of patent holders . . . to enforce their patent rights, including through injunctive relief”; and
• an article describing how “Apple Inc. couldn’t convince the Federal Circuit to block the U.S. Patent and Trademark Office from implementing changes that make it harder to challenge the validity of patents.”

Earlier this month, the Federal Circuit heard oral argument in a tax case, Dougherty Electric, Inc. v. United States. In this case, Dougherty Electric appeals a dismissal by the Court of Federal Claims of a refund suit for lack of subject matter jurisdiction. Judges Lourie, Prost, and Taranto heard the oral argument. This is our argument recap.

Happy President’s Day! As a result of the holiday, the Federal Circuit did not release any new opinions or orders this morning on its website.

Here is an update on activity in cases pending before panels of the Federal Circuit where the cases have attracted 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 recent opinions, four recent orders, and one new case. Here are the details.

This morning, the Federal Circuit released two precedential opinions. One of the opinions comes in a patent cases addressing claim construction. The other also comes in a patent case, this one challenging instructions the Director of the Patent and Trademark Office had given to the Patent Trial and Appeal Board related to its authority to decline petitions for inter partes review. The court also released three nonprecedential opinions. The first comes in an appeal of a decision of the Patent Trial and Appeal Board; the second comes in a patent infringement case and addresses an award of enhanced damages; and the third comes in a pro se appeal of a decision of the Court of Federal Claims. The Federal Circuit also released nine nonprecedential orders. Three transfer matters; three dismiss appeals; one remands a case; and two deny petitions for writs of mandamus. Finally, the court also released a Rule 36 judgment. Here are the introductions to the opinions and orders other than dismissals, along with links to the dismissals and Rule 36 judgment.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today we highlight:

• an article suggesting the timing of the Supreme Court ruling on President Trump’s tariff case might be related to the idea “SCOTUS would presumably want to give guidance to lower courts on how they should rule on these suits”;
• a blog post discussing a recent Federal Circuit dissenting opinion that “offers an attack on how the Federal Circuit has been applying the ‘plainly dissimilar’ standard for design patent infringement”;
• an article indicating that, “[o]ver the past few months, the U.S. Patent and Trademark Office has treated artificial intelligence and machine learning inventions more favorably under Section 101 of the U.S. Patent Act than they have been in years”; and
• an article suggesting inter partes reviews “are essentially unavailable for the majority of patents now being asserted in litigation.”

This morning, the Federal Circuit released two nonprecedential orders dismissing appeals. Here are links to the dismissals.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Since our last update, there has been no new activity at the Supreme Court in the two pending cases decided by the Federal Circuit. As for petitions, a new petition was filed in a pro se case and two waivers of the right to respond to petitions were filed in two other pro se cases. Here are the details.

Late yesterday, the Federal Circuit released a nonprecedential order dismissing an appeal. This morning, the court released two precedential opinions, one nonprecedential order dismissing an appeal, and one Rule 36 judgment. One of the opinions addresses antitrust liability for unlawful tying in a patent infringement case; the other comes in an appeal of a decision of the Court of Federal Claims in a vaccine case. Here are the introductions to the opinions and links to the dismissals and the judgment.