Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today we highlight:
- an article reporting how “President Donald Trump . . . tapped one of his White House lawyers to fill a vacancy on the U.S. Court of International Trade, a federal court that could prove pivotal in deciding tariff refunds if the Supreme Court strikes down some of the president’s duties”;
- an article discussing how the Supreme Court put President Trump’s tariff case “on a fast track at the administration’s urging” but doesn’t “seem in a rush to rule on the president’s signature economic program”;
- an article observing how, in late 2025, “the USPTO announced the creation” of a working group related to standard essential patents in “the latest effort of the USPTO to strengthen the ability of patent holders . . . to enforce their patent rights, including through injunctive relief”; and
- an article describing how “Apple Inc. couldn’t convince the Federal Circuit to block the U.S. Patent and Trademark Office from implementing changes that make it harder to challenge the validity of patents.”
Ari Hawkins authored an article for Politico reporting how “President Donald Trump . . . tapped one of his White House lawyers to fill a vacancy on the U.S. Court of International Trade, a federal court that could prove pivotal in deciding tariff refunds if the Supreme Court strikes down some of the president’s duties.” Hawkins explains how, “[i]f confirmed by the Senate,” the nominee, Kara Westercamp, “would receive a lifetime appointment to the nine-judge court, which has nationwide jurisdiction over civil cases arising under U.S. trade laws, including challenges to tariff actions and disputes over how U.S. Customs and Border Protection assesses and collects duties.” For more information about the underlying case, check out our case page in Trump v. V.O.S. Selections, Inc.
Adam Liptak authored an article for the New York Times discussing how the Supreme Court put President Trump’s tariff case “on a fast track at the administration’s urging” but doesn’t “seem in a rush to rule on the president’s signature economic program.” Liptak notes “[i]t’s theoretically possible that the court could act” before February 20, “[b]ut that seems unlikely with the tariffs decision.” Liptak suggests “[t]he tariffs decision will be a major statement on presidential power” and is “unlikely to be unanimous,” which will require more time for the Court. Again, for more information on this case, check out the relevant case page.
Brian Johnson and Michael O’Mara authored an article for Law360 observing how, in late 2025, “the USPTO announced the creation” of a working group related to standard essential patents in “the latest effort of the USPTO to strengthen the ability of patent holders . . . to enforce their patent rights, including through injunctive relief.” The authors emphasize that there remain challenges for “the USPTO to encourage robust remedies and transparent outcomes for SEP disputes.” According to the authors, however, “if successful, the potential effect for the U.S. is high: The U.S. could once again regain its seat at the table for shaping SEP jurisprudence and perhaps even see an influx of SEP disputes in the coming years.”
Michael Shapiro authored an article for Bloomberg Law describing how “Apple Inc. couldn’t convince the Federal Circuit to block the U.S. Patent and Trademark Office from implementing changes that make it harder to challenge the validity of patents.” Shapiro explains how “Apple, along with several other tech titans, sued PTO leadership over factors for pre-screening validity challenges adopted at the end of President Donald Trump’s first term.” As explained by Shapiro, the Federal Circuit “affirmed the suit’s dismissal . . . while emphasizing the broad discretion of agency directors to make it easier or harder for patent suit defendants to bring challenges at the Patent Trial and Appeal Board.” For more information on the case, check out our case page in Apple Inc. v. Squires and our argument recap. We will post an opinion summary soon.