FedCircuitBlog

This morning, the Federal Circuit announced that during the government shutdown the Federal Circuit will remain open and continue staffing as necessary. All scheduled arguments will proceed as scheduled, and all filing deadlines remain in effect. Here is the full text of the announcement along with a link to the court’s related order.

As we have been reporting, five cases being argued at the Federal Circuit in November attracted amicus briefs. One of these cases is Crocs, Inc. v. International Trade Commission, a trademark case. In it, Crocs appeals a denial of a general exclusion order by the International Trade Commission. This is our argument preview.

This morning, the Federal Circuit released one precedential opinion and one nonprecedential opinion. Both come in companion appeals from the Patent Trial and Appeal Board in inter partes review proceedings. Here are the introductions to the opinions.

As we have been reporting, five cases being argued at the Federal Circuit in November attracted amicus briefs. As we reported yesterday, two of these cases will be argued together, and both are styled In re United States. In the second case, the International Trade Commission petitions the Federal Circuit to issue a writ of mandamus ordering the Court of International Trade to retain the Commission’s designation of certain information as business proprietary information and to vacate a related opinion and order. This is our argument preview.

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.

This morning, the Federal Circuit announced modified hours of operation for the public intake counter of its Clerk’s Office during the government shutdown. Here is the full text of the announcement.

This morning, the Federal Circuit released two nonprecedential orders dismissing appeals. Here are links to the dismissals.

Five cases being argued at the Federal Circuit in November attracted amicus briefs. Two of these cases will be argued together, and both are styled In re United States. In the first case, the United States on behalf of the International Trade Commission appeals a judgment of the Court of International Trade. The United States argues the CIT abused its discretion in denying a joint motion to redact business proprietary information submitted to the Commission under a promise of confidentiality. This is our argument preview.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today we highlight:

• an article arguing how President Trump’s challengers “might be about to make” a mistake “by choosing a partisan liberal lawyer, rather than a conservative, to deliver oral arguments on Nov. 5”;
• an article reporting how “[t]hirty-one former federal judges urged the U.S. Supreme Court to reject President Donald Trump’s attempts to use emergency powers to impose sweeping, world-wide tariffs”;
• an article discussing how the manner in which “AI inventions are treated at the USPTO is one of many changes taking place under the [Trump] administration”; and
• an article highlighting some “noteworthy trends for practitioners and stakeholders alike to consider” given the U.S. Patent and Trademark Office’s updated guidance related to inter partes review and post-grant review proceedings.

This morning, the Federal Circuit released one precedential opinion and three nonprecedential orders. The opinion comes in a pro se appeal from the Court of Appeals for Veterans Claims. One of the orders dismissed an appeal, while the other denied petitions for writs of mandamus, one in a patent case and one in a pro se case. Here are the introductions to the opinion and the denials of the petitions, along with a link to the dismissal.