Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today we highlight:
- an article suggesting that, in deciding President Trump’s tariff case, “Chief Justice John Roberts faces a defining challenge as he enters his third decade leading the Supreme Court”;
- an article considering “[w]hat alternatives” the Trump Administration might “pursue if the court strikes down its use of IEEPA”; and
- an article discussing how the Federal Circuit and the U.S. Patent and Trademark Office have provided “some key decisions and guidance” as companies “encounter opportunities to secure patents on their advances” when they use artificial intelligence.
Jess Bravin authored an article for The Wall Street Journal suggesting that, in deciding President Trump’s tariff case, “Chief Justice John Roberts faces a defining challenge as he enters his third decade leading the Supreme Court.” Bravin argues that, no matter how the Court decides the case, “Roberts will need to build bridges.” According to Bravin, Roberts’s “ability to direct outcomes has diminished since 2020, when Justice Amy Coney Barrett’s appointment to succeed the late Ruth Bader Ginsburg gave the court’s conservative wing the power to control decisions even without Roberts’s support.” For more information on the case, check out the case page in Trump v. V.O.S. Selections, Inc.
Sophia Busch authored an article for the Atlantic Council considering “[w]hat alternatives” the Trump Administration might “pursue if the court strikes down its use of IEEPA.” Busch, for example, indicates “[o]ne alternative is Section 301 of the Trade Act of 1974,” but notes that it “comes with constraints—particularly with regard to speed and applicability.” In the end, Busch concludes that, “if the goal is to secure new trade agreements or enforce compliance, the absence of IEEPA is likely to diminish both credibility and speed, weakening the administration’s negotiating power.” Again, for more information on this case, check out the relevant case page.
Sasha Rao and Todd Hopfinger wrote an article for Reuters discussing how the Federal Circuit and the U.S. Patent and Trademark Office have provided “some key decisions and guidance” as companies “encounter opportunities to secure patents on their advances” when they use artificial intelligence. With respect to patent eligibility, the authors suggest the “[c]ourts and the Patent Office demand specificity, substance, and a demonstrable link between algorithmic techniques and technological advancement.” Furthermore, the authors emphasize, “[f]or legal practitioners, success depends on technical storytelling as much as legal drafting.”