FedCircuitBlog

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.”

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.

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.”

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.”

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.”

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.”

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.”

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.”

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

• an article noting how the Federal Circuit recently held oral argument in a case asking “whether prosecution laches is a legitimate doctrine that can render any patent unenforceable if it takes longer than six years to obtain the patent from the United States Patent and Trademark Office”;
• a blog post discussing how the Federal Circuit recently “issued a significant trade secret remedies decision”;
• a report highlighting a recent Federal Circuit trademark case holding that “acquired distinctiveness is ‘determined on the entire record’”; and
• a piece asserting a recent Federal Circuit trademark decision ”goes beyond financial services and has implications for brands across industries.”

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

• an article arguing that, because the Supreme Court’s two-step inquiry for patent-ineligible “abstract ideas” did not define “abstract ideas,” it has had “disastrous consequences”;
• a blog post analyzing how the Federal Circuit’s requirement that “convoyed goods ‘function together with the patented article,’ and not merely be sold along with the infringing product as a matter of convenience, differs from the rule followed in the U.K., France, Japan, and Germany”;
• a report highlighting how a recent Federal Circuit case “reaffirmed a critical principle in patent law: When a claim lists elements separately, the clear implication is that they are distinct elements”; and
• a blog post discussing how an en banc case at the Federal Circuit “presents important questions about statutory interpretation in the wake of the Supreme Court’s decision in Loper Bright Enterprises v. Raimondo.”