Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today we highlight:
- an article noting how the Federal Circuit “said on Monday that it would extend its suspension of 98-year-old judge Pauline Newman for another year”;
- a piece discussing how “[t]he Trump administration’s trade policy faces a critical test” this week as the Federal Circuit was “scheduled to hear oral arguments . . . in V.O.S. Selections v. Trump” yesterday;
- a report detailing how “[t]he Trump administration is considering a plan to raise tens of billions of dollars with a new fee that would transform the patent system”;
- an article describing how the U.S. Patent and Trademark Office “on Tuesday ordered administrative patent judges to address all grounds raised in America Invents Act petitions when issuing their final decisions”; and
- a blog post discussing how “18 Republican Senators asked the Trump Administration . . . to fill the vacant position of Chief Innovation and Intellectual Property Negotiator.”
Blake Brittain filed an article with Reuters noting how the Federal Circuit “said on Monday that it would extend its suspension of 98-year-old judge Pauline Newman for another year.” Brittain explained that the Federal Circuit determined Newman “had not complied with an internal investigation into her fitness to serve” on the court, and that “reports from doctors chosen by Newman did not eliminate the need for her to undertake ‘a full neuropsychological battery of tests’ to ascertain whether she was capable of continuing to serve.” For more information, check out our coverage of Monday’s release of materials.
Mary Cunningham wrote a piece for CBS News discussing how “[t]he Trump administration’s trade policy faces a critical test” this week as the Federal Circuit was “scheduled to hear oral arguments . . . in V.O.S. Selections v. Trump” yesterday. According to Cunningham, “[a] victory by the plaintiffs could deal a blow to Mr. Trump as he seeks to negotiate trade deals with U.S. economic partners,” including “forcing Mr. Trump to seek congressional approval in imposing tariffs.” For more information, check out our case page, which includes links to all the relevant filings as well as our posts about the case. We plan to post an argument recap next week.
Amrith Rankumar authored a report published by the Wall Street Journal detailing how “[t]he Trump administration is considering a plan to raise tens of billions of dollars with a new fee that would transform the patent system.” Rankumar said that “Commerce Department officials are discussing charging patent holders 1% to 5% of their overall patent value” as part of Commerce Secretary Howard Lutnick’s “plans to raise revenue and narrow the government’s budget deficit.”
Dani Kass published an article with Law 360 describing how the U.S. Patent and Trademark Office “on Tuesday ordered administrative patent judges to address all grounds raised in America Invents Act petitions when issuing their final decisions.” According to Kass, “[w]hile APJs have historically been able to hold off on addressing invalidation grounds when others were case dispositive, they will no longer have that option ‘absent extraordinary circumstances.'” Kass noted that “[t]he new mandate for final written decisions in inter partes reviews and post-grant reviews will apply immediately in cases where oral arguments haven’t yet been heard.”
Eileen McDermott posted a blog post on IP Watchdog discussing how “18 Republican Senators asked the Trump Administration . . . to fill the vacant position of Chief Innovation and Intellectual Property Negotiator.” As explained by McDermott, the Senators argued “[a]ppointing an experienced Chief Innovation and Intellectual Property Negotiator would send a strong signal to our trading partners that the United States is committed to addressing imbalanced pharmaceutical pricing and ensuring that any commitments secured are effectively implemented and enforced over the long term.”