Here is an update on recent Supreme Court activity in cases decided by the Federal Circuit. The only case pending at the Supreme Court decided by the Federal Circuit is Trump v. V.O.S. Selections, Inc. Since our last update, thirty two amicus briefs have been filed in this case. The case is set to be argued on Wednesday. Regarding pending petitions, one new petition has been filed in a patent case, and three waivers of the right to respond to petitions were filed. Here are the details.
Granted Petition
As a reminder, the only case pending at the Supreme Court that was decided by the Federal Circuit is Trump v. V.O.S. Selections, Inc. Since our last update, thirty two new amicus briefs have been filed. All of them argue against the government. These briefs were filed by the following parties:
- Professors of U.S. Foreign Relations Law
- Vikram David Amar
- Institute for Policy Integrity at New York University School of Law
- BRB Management, LLC
- Economists
- Peter W. Sage
- Thirty-one (31) Former Federal Judges
- Professors of Administrative Law
- Constitutional Accountability Center
- Former Senior Military, National Security, and Foreign Policy Government Officials
- Professors Julian Arato, Rachel Brewster, Harlan Grant Cohen, David Singh Grewal, J Benton Heath, Timothy Meyer, Gregory Shaffer, and Chantal Thomas
- We Pay the Tariffs
- Brennan Center for Justice
- American Watch Association and Jewelers Vigilance Committee
- Goldwater Institute, Dallas Market Center, The John Locke Foundation
- Princess Awesome, LLC, et al.
- State of California and Governor Gavin Newsom
- The Chamber of Commerce of the United States and The Consumer Technology Association
- Cato Institute
- Scott Lincicome, Colin Grabow, and Clark Packard
- Advancing American Freedom
- National Security Officials
- Tax Law Professors
- National Taxpayers Union Foundation
- American College of Tax Counsel
- Former Government Officials and Legal Scholars
- Carla Anderson Hills and Alan William Wolff
- Members of the United States Congress
- Emily Ley Paper, Inc.
- Trade Scholars in Economics, Politics, and Law
- Washington State
- Scholars of the History of Constitutional Law and the Presidency
This case will be argued next week. We plan to post an argument preview on Monday.
New Petition
Since our last update, Recentive Analytics filed a petition in Recentive Analytics, Inc. v. Fox Corp., a patent case. The petition asks the Court to review the following questions:
- “Whether the Federal Circuit’s approach to patent eligibility under 35 U.S.C. § 101 flouts this Court’s instruction to consider preemption, as discussed in Alice Corp. v. CLS Bank International and Mayo Collaborative Services v. Prometheus Laboratories, Inc.”
- “Whether the Federal Circuit erred in holding that claims directed to the application of machine-techniques to new data environments are categorically ineligible for patent protection under Section 101, absent a showing of improvement to the underlying machine-learning model itself.”
Waivers of the Right to Respond
Since our last update, three waivers of the right to respond to petitions were filed in the following cases: