Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today we highlight:
- an article suggesting President Trump’s tariffs case “will shape US economic policy for years to come—and its effects will reach far beyond tariffs”;
- an article discussing the “legality of President Trump’s tariffs under the International Emergency Economic Powers Act”;
- an article indicating the Federal Circuit “clarified several important principles governing patent claim construction” in a series of decisions issued between March and August; and
- an article arguing “[t]he Commerce Department is mulling a change to the 235-year-old patent system that would impair American start-ups.”
Stephanie Connor authored an article for the Atlantic Council suggesting President Trump’s tariffs case “will shape US economic policy for years to come—and its effects will reach far beyond tariffs.” Connor says “[h]ow the Supreme Court rules could shape not only Trump’s tariffs but also US influence in an increasingly competitive global economy.” She also emphasizes that this case will be “a tough call for the Supreme Court.” For more information on this case, check out our breaking news post and the relevant case page in V.O.S. Selections, Inc. v. Trump.
Jack Goldsmith wrote an article for Executive Functions discussing the “legality of President Trump’s tariffs under the International Emergency Economic Powers Act.” Goldsmith believes the dissenting opinion by Judge Taranto provides a “better guidepost to how a majority of the Supreme Court will view the legal issues in the case.” Goldsmith also thinks the Supreme Court “will feel pressure to apply the [major questions] doctrine since it would look to many very political to let the tariffs slide past the MQD after the Court invoked the doctrine to deny aggressive regulatory initiatives by the Biden administration.” Again, for more information on this case, check out our breaking news post and the relevant case page in V.O.S. Selections, Inc. v. Trump.
John Carpenter and William Broman authored an article for Law360 indicating the Federal Circuit “clarified several important principles governing patent claim construction” in a series of decisions issued between March and August. Carpenter and Broman believe “the cases clarify doctrinal standards and provide practical guidance for patent prosecutors and litigators.” They say, in particular, that “these cases highlight the importance of strategic drafting and careful argumentation in prosecution.” For litigators, they continue, these cases “underscore the need to scrutinize prosecution history and the intrinsic evidence.”
Hans Sauer authored an article for the Washington Post arguing “[t]he Commerce Department is mulling a change to the 235-year-old patent system that would impair American start-ups.” Treating “ideas as taxable property,” Sauer suggests, “would devastate innovation by punishing risk-taking in critical fields such as biotechnology, semiconductors and artificial intelligence.” Sauer predicts that, while “[l]arge corporations with global operations might be able to absorb the cost,” for small start-ups, “[s]addling them with higher patent taxes would signal to entrepreneurs that America no longer has their back.”