FedCircuitBlog

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

• an opinion piece suggesting the Supreme Court “wrongly declined to hear U.S. Circuit Judge Pauline Newman’s” case challenging her suspension from service on the Federal Circuit;
• a blog post arguing that, “[w]hen the Senate Judiciary Committee examines the Patent Eligibility Restoration Act . . . this week, lawmakers won’t simply be debating patent law”;
• a blog post discussing how “[t]wo more Section 101 petitions are taking shape at the Supreme Court”; and
• a blog post examining how a recent Federal Circuit “case reaffirms that a patentee’s perceived preference to draft a claim to read on a commercial embodiment . . . may weigh in favour of construing a claim to cover such an embodiment.”

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

• an obituary discussing the life of George Hutchinson, the Federal Circuit’s first clerk;
• an article highlighting “major [patent] decisions from the beginning of 2026”; and
• an article suggesting a recent Supreme Court decision “may affect where” a federal government employees’ “case is decided more than whether the employees ultimately prevail.”

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

• a blog post explaining that “the detailed description of . . . non-provisional patent applications must be perfect when filed, and that even if new information is discovered after filing, no changes can be made”;
• an article discussing how a recent Federal Circuit “ruling underscores how even small structural discrepancies in provisional patent applications can have significant consequences for priority claims and patent validity in pharmaceutical litigation”;
• a blog post highlighting how “Federal procedure has long used money bonds to price the risk that preliminary relief turns out wrong”; and
• an article suggesting a recent Supreme Court’s ruling “bolstered the Trump administration’s quest to fire immigration judges and other civil servants who have legal shields protecting them from at-will removal.”

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

• a blog post reviewing a recent Federal Circuit opinion and arguing a “defendant who is temporarily excluded from the market on the basis of a patent that turns out, ex post, to have been either invalid or not infringed (or otherwise unenforceable)” should be “compensated for the interim losses it suffers”;
• an article suggesting that “[s]atisfying the written description and enablement requirements has emerged as a significant challenge in patenting [antibody-drug conjugates] inventions in the U.S.”;
• an article by Former Federal Circuit Judge Kathleen O’Malley “reflecting not only on what the Founders rejected, but on what they tried to build”; and
• an article highlighting that “President Donald Trump . . . threatened a 100% tax on imports from any country that imposes a tax on digital services from United States companies.”

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

• a blog post discussing how a recent “concurrence . . . provides more structure to the ‘skilled searcher conducting a diligent search’ estoppel test” related to inter partes review proceedings;
• an article highlighting how a recent Federal Circuit decision “suggests that plaintiffs may not have the final word” on whether “trade secret plaintiffs can try to channel cases into other courts of appeals by strategically withholding patent claims”;
• a blog post covering how the USPTO “issued a notice designating as precedential a Sua Sponte Director Review Order of a Patent Trial and Appeal Board . . . decision granting institution in three inter partes review . . . proceedings”; and
• an article noting how, for “one day in July, Washingtonians will get access to an under-the-radar building steps away from the White House that’s filled with artifacts spanning American history.”

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

• an article suggesting a recent Federal Circuit decision “stressed that the inventorship listed on a patent demands perfection”;
• a blog post noting “a final rule in the Federal Register” explains that the USPTO “is ‘revising its practice of requiring additional information for delays in taking certain actions in patent applications and patents’”;
• an article discussing how the “Department of Justice has told the Federal Circuit that multibillion-dollar patent infringement litigation should be directed at the government, instead of Moderna”; and
• an article arguing “[m]any news outlets have struggled to accurately characterise the nature of the proceedings surrounding [Judge] Newman, leading to widespread misunderstanding among readers and legal observers alike.”

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

• an article arguing that, “[a]s state ‘anti-troll’ statutes become more commonly used in patent disputes, courts need a jurisdictional rule that is clear and respects the difference between federal patent cases and state-law cases that simply have patents in them”;
• a blog post covering how a recent Federal Circuit’s holding regarding the court’s jurisdiction “may run well beyond its modest-looking facts”;
• a blog post reporting how the “full Senate Judiciary Committee on Thursday unanimously advanced the ‘Nurture Originals, Foster Art, and Keep Entertainment Safe Act of 2026’ (NO FAKES Act)”; and
• an article highlighting how in a case decided by the Eleventh Circuit to be argued this fall the Supreme Court “will shed new light and legalities on whether military veterans can bypass the Department of Veterans Affairs . . . when filing legal challenges for benefits.”

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

• an article discussing how the “Federal Circuit on Wednesday agreed to conduct en banc review over the firing of two immigration judges”;
•  an article similarly outlining how the Federal Circuit “granted two former Justice Department employees’ request to expedite the appeal of their 2025 firings”;
• a blog post examining how, “in response to the May 12 opposition brief of . . . Chief Judge Kimberly Moore,” the Supreme Court denied Judge “Newman’s petition for certiorari”; and
• an article also discussing how the Supreme Court “declined . . . to hear a bid by the nation’s oldest federal judge, 98-year-old Pauline Newman, to overturn her suspension from duties.”

This morning the Federal Circuit granted a petition for en banc initial hearing in Jackler v. Department of Justice to review a decision of the Merit Systems Protection Board. The question presented is: “Whether the Civil Service Reform Act’s procedural and substantive protections for federal workers conflict with the President’s Article II removal power.” Here is the full text of this morning’s order. We will report more on this case later.

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

• an article discussing how the “Supreme Court on Monday turned away Judge Pauline Newman’s bid to return to service on” the Federal Circuit;
• an article covering how the Supreme Court denied Judge “Newman’s petition for review without comment, as is typical”;
• an article reporting how late last week the Federal Circuit ruled the “U.S. government can continue collecting the 10% worldwide tariff it imposed in February”; and
• an article similarly highlighting how Federal Circuit “extended its block on ​a lower court ruling against the Trump ‌administration’s 10% global tariff under Section 122 of the Trade Act”;