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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:

  • a report covering how the Federal Circuit “agreed on Tuesday to allow President Trump to maintain many of his tariffs on China and other U.S. trading partners, extending a pause granted shortly after another panel of judges ruled in late May that the import taxes were illegal”;
  • an article describing how “President Donald Trump on Wednesday hailed a favorable decision by [the Federal Circuit] over his sweeping tariff policy as a ‘great’ win for the United States”;
  • a piece addressing how “[t]he typically apolitical and staid US Patent and Trademark Office has been swept up in the Trump administration’s efforts to reshape the federal workforce”;
  • a blog post discussing how “[t]he Trump Administration’s nominee for U.S. Patent and Trademark Office (USPTO) Director, John Squires, has submitted written responses for the record following his May 21 testimony to the Senate Judiciary Committee”; and
  • an article highlighting how “[t]he acting U.S. Patent and Trademark Office director’s decision on Friday to reject patent challenges due to the petitioner’s longstanding knowledge of a patent has many attorneys bracing for either a massive rise or dip in Patent Trial and Appeal Board filings.”
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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 covering how the Federal Circuit “ruled Friday that the United States must face potentially billions of dollars in legal claims over a temporary ban on residential evictions during the COVID pandemic that affected millions of landlords”;
  • a blog post addressing how “Micron Technology has petitioned the Supreme Court for a writ of mandamus to reverse a discovery order requiring the company to produce 73 pages of its most sensitive source code in paper form to Chinese state-owned semiconductor manufacturer Yangtze Memory Technologies Company”;
  • a report describing how the “US Patent and Trademark Office paused TikTok Inc.’s challenges to seven Bluetooth technology patents over concerns about the social media giant’s ties to the Chinese Communist Party”; and
  • a piece observing how, “[a]ccording to the request for information posted on SAM.gov Wednesday, USPTO is seeking contractors with new AI tools or IT capabilities that could boost the agency’s efficiency in granting patents, registering trademarks and advancing intellectual property policies.”
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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 addressing how a “U.S. judge dismissed the state of California’s challenge to President Donald Trump’s tariffs, allowing the state to file an appeal over the court’s ruling that the dispute should have been filed in a specialized U.S. trade court in New York”;
  • another report covering how a “federal judge in Washington, D.C., extended a pause on his order invalidating the bulk of President Trump’s tariffs” until the Federal Circuit can “resolve the case”; and
  • a piece examining how the “U.S. Patent and Trademark Office (USPTO) held a ‘USPTO Hour’ Wednesday in which it announced the results of a study it apparently conducted over the last five years.”
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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 describing how the Federal Circuit “temporarily reinstated the most sweeping of President Donald Trump’s tariffs on Thursday, a day after a U.S. trade court ruled that Trump had exceeded his authority in imposing the duties and ordered an immediate block on them;”
  • another article similarly addressing how the Federal Circuit “temporarily agreed to preserve many of President Trump’s sweeping tariffs on China and other U.S. trading partners”;
  • a report outlining how “[t]hree appeals in federal patent-infringement lawsuits center on the legality of an East Texas judge’s unconventional choice to have juries answer a single yes-or-no question on whether defendants copied multiple patents rather than deciding separately whether each individual patent was infringed”; and
  • a piece examining the “intellectual property-related provisions” in “the ‘One Big Beautiful Bill Act,’” which passed the House of Representatives on May 22.
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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 in response to “the confirmation hearing last week for John Squires” that discussed “the complex intersection between patent quality, patent examination and the Patent Trial and Appeal Board”;
  • a blog post indicating that, “[i]n a number of recent opinions, the Federal Circuit decided the case on grounds that were not raised on appeal by either party”;
  • a piece detailing how “Amgen Inc’s ongoing challenge to a Colorado Law regulating retail drug prices could serve as a litmus test for widespread state government efforts to keep medication costs low;” and
  • a report covering how VLSI Technology LLC’s connection to Fortress Investment Group “will be at the heart of a three-day trial” next week that “could upend infringement verdicts against Intel Corp. totaling more than $3 billion.”
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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:

  • a blog post suggesting the Federal Circuit “established an important precedent regarding inherent disclosure and implicit claim construction” in a recent opinion issued in an appeal from an inter partes review proceeding;
  • an article describing how the Federal Trade Commission is calling “on Teva, Novartis, Mylan and other drugmakers” to “remove patents from a key federal database that partially insulates their drugs from generic competition”;
  • a report discussing a recent petition for en banc rehearing that argues a Federal Circuit opinion related to the domestic industry requirement for establishing jurisdiction of the International Trade Commission “overlooks the cardinal rule that statutory language must be read in context”; and
  • an article discussing how “[t]welve states . . . urged a federal court to strike down President Donald Trump’s sweeping taxes on imports.”
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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 describing how John Squires, “nominated by President Donald Trump to run the US Patent and Trademark Office,” was scheduled to appear at a confirmation hearing before the Senate Judiciary Committee on Wednesday of this week;
  • a follow-up article detailing how during his confirmation hearing John Squires said the country’s patent system “is going in the wrong direction”;
  • a blog post discussing “a significant development” for practice at the Patent Trial and Appeal Board; and
  • a piece examining the impact of LKQ Corporation v. GM Global Technology Operations LLC, an en banc case that “threw out longstanding tests for determining if design patents are invalid as obvious.”
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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:

  • a piece discussing how the Federal Circuit recently “said scientists Jennifer Doudna and Emmanuelle Charpentier will get another chance to show they ought to own the key patents on what many consider the defining biotechnology invention of the 21st century”;
  • an article discussing how a panel of the D.C. Circuit “seemed skeptical” of Judge Newman’s argument “that a statute allowing courts to self-police instances of misconduct and disability is unconstitutional across the board”;
  • a blog post criticizing a recent Federal Circuit decision that he says “appears to have unintentionally upended fundamental principles of [inter partes review] estoppel”; and
  • a report that the Dana-Farber Cancer Institute and Memorial Sloan-Kettering Cancer Center filed an amicus brief with the Federal Circuit, urging the court to “review a decision rejecting Xencor’s application for an antibody patent.”
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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’s report highlights:

  • an article discussing how the U.S. Patent and Trademark Office “introduced new production goals for judges on the Patent Trial and Appeal Board, asking them to publish decisions on appeals of denied patent applications within 12 months and issue more rulings each month”;
  • a report noting the Federal Circuit “dismissed a legal claim against the NFL’s New Orleans Saints from a man who says he is the ‘direct descendant of the Kings of France’ over the trademark of the flour-de-lis symbol”;
  • a piece reporting that Jack Dorsey, co-founder of Twitter, posted on X “delete all IP law”;
  • a blog post criticizing a recent Federal Circuit decision’s use of “the increasingly fictional construct at the center of patent law: the Person Having Ordinary Skill in the Art (PHOSITA)”; and
  • an article covering how the Patent and Trademark Office recently “announced a new working group dedicated to broadening the Office’s efforts to mitigate common threats to the U.S. patent system.”
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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’s report highlights:

  • a blog post discussing how a recent decision in a patent case by the Federal circuit focuses “on a novel argument about provisional rights”;
  • another blog post discussing how a recent Federal Circuit decision “illustrates circumstances under which the [Patent Trial and Appeal] Board’s obviousness determination did not pass muster.”;
  • a piece reporting how the Council for Innovation Promotion recently released a report “urging the Trump Administration and Congress to take 18 key steps to strengthen the U.S. IP system”; and
  • a report claiming a recent Federal Circuit decision “has created pitfalls for entities using a type of patent claim that describes an improvement on previous technology, making the so-called Jepson format, which is already uncommon, even less appealing for applicants.”
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