Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today we highlight:
- an article reporting how the Supreme Court is “set to start a four-week recess . . . without having ruled on pending challenges to most of the duties Trump has imposed over the last year”;
- an article discussing how the Supreme Court agreed to hear a “skinny labels” patent fight that could have “broad consequences for generic drug makers”; and
- a blog post predicting the Patent Trial and Appeal Board “is likely to undergo a dramatic transformation in 2026 based upon the convergence of two parallel developments.”
Greg Stohr authored an article for Bloomberg reporting how the Supreme Court is “set to start a four-week recess . . . without having ruled on pending challenges to most of the duties Trump has imposed over the last year.” Stohr explains that “[t]he wait means the disputed tariffs remain in place for now, costing importers more than $16 billion every month.” For more information on the case, check out the case page in Trump v. V.O.S. Selections, Inc.
Blake Brittain authored an article for Reuters discussing how the Supreme Court agreed to hear a “skinny labels” patent fight that could have “broad consequences for generic drug makers.” Brittain points out that President Trump’s administration supported the petition and said that “the Federal Circuit ruling ‘subverts Congress’s balance between competing interests.’” For more information on the case, check out the case page in Hikma Pharmaceuticals USA Inc. v. Amarin Pharma, Inc.
Dennis Crouch penned a blog post for PatentlyO predicting the Patent Trial and Appeal Board “is likely to undergo a dramatic transformation in 2026 based upon the convergence of two parallel developments.” Crouch highlights how the “ex parte appeal inventory has plummeted” and “Director John Squires has effectively shut down inter partes review through aggressive use of institution denials.” Crouch says this “combination means the PTAB’s role is shrinking on both fronts, raising fundamental questions about what happens to an institution built for a workload that no longer exists.” Crouch, however, suggests a “near-zero ex parte inventory could transform appeals into an attractive prosecution option if done on a fast track.”