Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, there is no new activity to report since our last update. With respect to petitions, two new petitions were filed in a trade case and a patent case, and one petition was denied in a pro se case. Here are the details.
Granted Cases
There is no new activity to report.
Petition Cases
New Petitions
Two new petitions were filed with the Court.
In USP Holdings, Inc. v. United States, the petitioner asked the Court to review the following questions:
- “Did the Federal Circuit err in holding that the Secretary’s ‘final agency action’ which determined that imports of steel ‘threaten to impair the national security’ is not subject to arbitrary and capricious review as prescribed by the APA?”
- “Did the Federal Circuit correctly interpret the explicitly Congressional requirement of Section 232 [of the Trade Expansion Act] that the Secretary must find that imports ‘threaten to impair’ national security?”
In Innovation Sciences v. Amazon.com, the petitioner asked the Court to review the following question:
- “Whether an inference that a device that could have existed before the invention thereof by an inventor is properly treated as an anticipatory reference under 35 U.S.C. § 102 sufficient to prove invalidity under the clear and convincing standard in the absence of any evidence that such a device actually existed prior to the invention’s critical date.”
Denials
The Supreme Court denied certiorari in Carter v. Department of Defense, a pro se case.