Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

  • an article discussing the filing of an amicus brief in the aftermath of the Federal Circuit’s recent treatment of “skinny labels;”
  • a conversation about President Biden’s potential federal court nominations based on previous picks and patterns; and
  • an article discussing how steel importers are urging the Federal Circuit to reverse a panel decision upholding levies on steel imports.

Joanne S. Eglovitch for the Regulatory Affairs Professionals Society discussed the recent filing of an amicus brief in a district court case addressing the use of “skinny labels.” In the brief, “the Association for Accessible Medicines (AAM) has urged a federal judge to challenge the attacks on the so-called ‘skinny label’ which allow generic drugs to be approved for non-patented indications.” Eglovitch explains that “[t]he amicus brief follows a [now-vacated] controversial October 2020 split decision in the US Court of Appeals for the Federal Circuit October in the case GlaxoSmithKline LLC v. Teva Pharmaceuticals USA, Inc. posted a conversation between Mary Reichard and Maryrose Delahunty, who discussed President Biden’s potential nominations to fill vacancies on the federal courts. Reichard and Delahunty based their discussion on recent trends, noting that recently appointed “Judge Tiffany Cunningham is the first black judge to sit on the U.S. Court of the Federal Circuit.”

Christopher Cole filed an article with Law360 about how “[s]teel importers are urging the full Federal Circuit to overturn a panel’s decision to uphold former President Donald Trump’s doubling of levies on Turkish steel imports months after initially setting the tariffs.” In reference to Transpacific Steel LLC v. United States, Cole noted that “[t]he Federal Circuit’s opinion chipped away at the lower court’s firm reading of Section 232 [of the Trade Expansion Act of 1962]’s deadlines, appearing to give the executive branch even more leeway when using the law.”