Featured / Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Since our last update, a new amicus brief was filed in the case addressing President Trump’s tariffs. Regarding pending petitions, since our last update a petition was filed in a government contract case, a waiver of the right to respond was filed in a pro se case, five amicus briefs were filed in a patent case, one amicus brief was filed in a takings case, and a petition in a pro se case was denied. Here are the details.

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Argument Recap / Featured / Panel Activity

Argument Recap – REGENXBIO Inc. v. Sarepta Therapeutics, Inc.

Last week, the Federal Circuit heard oral argument in a patent case we have been following because it attracted three amicus briefs. The case, REGENXBIO Inc. v. Sarepta Therapeutics, Inc., raises questions relating to eligibility of a genetically engineered cultured host cell that contains nucleic acid sequences from at least two different organisms spliced together into a single molecule. This case asks whether a district court erred in holding patent claims ineligible because the inventors merely “combined natural products and put them in a host cell.” Judges Dyk, Hughes, and Stoll heard the oral argument. This is our argument recap.

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En Banc Activity / Featured

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update, two new petitions for en banc rehearing were filed, one raising questions related to claim construction and Rule 36 summary affirmances and one raising questions related to awards of attorneys’ fees and obviousness. The Federal Circuit also denied petitions for en banc rehearing in two cases, one raising a question related to claim construction and one raising questions related to Rule 36 summary affirmances. Here are the details.

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Featured / News

Recent News on the Federal Circuit

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

  • an article reporting how Consumer Watchdog, a nonprofit group, argued in its amicus brief that “even if a 1977 law . . . gives the president unbounded tariff authority, Congress doesn’t have the authority to delegate that kind of ‘immense power’”;
  • an article explaining how the Supreme Court’s decision on President Trump’s tariffs “could constrain or restore executive latitude over trade policy”;
  • a blog post discussing what a recent Federal Circuit decision “might mean for the patenting of inventions relating to artificial intelligence (AI) in the United States, and by extension, America’s leadership in AI development”; and
  • an article suggesting the U.S. Patent and Trademark Office will achieve “[f]aster office actions, improved prior art searches and a more consistent application of the law” in patent examination “due to increased use of artificial intelligence.”
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Argument Recap / Featured / Panel Activity

Argument Recap – Arlton v. AeroVironment, Inc.

This month, the Federal Circuit heard oral argument in a patent case we have been following because it attracted an amicus brief. The case, Arlton v. AeroVironment, Inc., raises several questions, most prominently questions concerning patent infringement and the jurisdiction of the Court of Federal Claims under 28 U.S.C. § 1498. Judges Prost, Cunningham, and Stark heard the oral argument. This is our argument recap.

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Featured / News

Recent News on the Federal Circuit

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

  • an article predicting the Supreme Court will “treat the president’s newfound tariff power much like . . . previous executive actions that ‘discover’ new authority in vague statutes—and strike it down”;
  • an article arguing the President’s foreign affairs power “does not give the president any authority over tariffs beyond what Congress clearly delegates”;
  • a blog post discussing what the author describes as a “disturbing and inexplicable trend—a patent issued after more than six years in prosecution is presumed unenforceable as the result of prosecution laches”; and
  • an article reporting how Judge Newman’s counsel said in a recent filing that “[t]he government shutdown is no excuse to halt proceedings” in her case “for reinstatement to the Federal Circuit.”
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Featured / Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Since our last update, a new amicus brief was filed in President Trump’s case addressing his tariffs. Regarding pending petitions, one new petition was filed in a trademark case, a new amicus brief was filed in a patent case, two new waivers of the right to respond were filed in pro se cases, and thirteen petitions were denied by the Supreme Court in cases raising questions related to patent law, the Lanham Act, military disability retirement benefits, and due process. Here are the details.

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Featured / Opinions / Panel Activity

Opinion Summary – HMTX Industries LLC v. United States

Late last month, the Federal Circuit issued its opinion in HMTX Industries LLC v. United Statesa trade case we have been following because it attracted four amicus briefs. In this case, the Federal Circuit reviewed a judgment of the Court of International Trade. That court held that certain actions of the U.S. Trade Representative did not exceed statutory authority and satisfied requirements of the Administrative Procedure Act. Judge Hughes authored an opinion for the Federal Circuit affirming the judgment of the Court of International Trade. This is our opinion summary.

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En Banc Activity / Featured / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update, the Federal Circuit invited a response to a petition raising a question related to the presumption of validity. The Federal Circuit also denied a petition for rehearing en banc in a patent case that asked the court to review questions related to claim construction. Here are the details.

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Featured / News

Recent News on the Federal Circuit

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

  • an article indicating some “[t]rade and legal experts said the odds that the high court will rule against the Trump administration” in President Trump’s tariff case “are 70%-80%”;
  • an article discussing how the Trump Administration might turn to the “Smoot–Hawley Tariff Act” if the Supreme Court rules against it;
  • a blog post arguing a recent petition at the Supreme Court “raises serious concerns as to fundamental principles of patent law, especially relating to the enablement requirement of 35 U.S.C. §112”; and
  • an article suggesting U.S. Patent and Trademark Office Director John Squires “ceremonially signed two patents on technology generally considered not patentable under Section 101 of the Patent Act and then issued an appeals review panel decision . . . faulting the idea that artificial intelligence and machine learning are per se unpatentable.”
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