FedCircuitBlog

Late today, by a vote of 7-4, the Federal Circuit decided V.O.S. Selections, Inc. v. Trump, the en banc case challenging President Trump’s tariffs. The Federal Circuit affirmed the holding of the Court of International Trade that the International Emergency Economic Powers Act “does not authorize the tariffs imposed by the Executive Orders.” The Federal Circuit, however, also vacated the lower court’s permanent universal injunction and remanded the case for the lower court “to reevaluate the propriety of granting injunctive relief and the proper scope of such relief.” The Federal Circuit explained its decision in a forty-five page per curiam opinion joined by Judges Lourie, Dyk, Reyna, Hughes, Stoll, Cunningham, and Stark. Judge Cunningham filed a separate opinion joined by Judges Lourie, Reyna, and Stark expressing additional views. Judge Taranto authored a dissenting opinion that was joined by Chief Judge Moore and Judges Prost and Chen. They “disagree[d] with the majority’s conclusion on the issue of the tariffs’ legality.” Here are the introductions to the opinions.

This morning, the Federal Circuit released a precedential opinion in a patent case. The opinion addresses prosecution laches and Article III jurisdiction. This is the court’s second time hearing the case, following an earlier decision in 2021. Here is the introduction to the opinion.

Late yesterday, the Federal Circuit released a nonprecedential order dismissing an appeal. This morning, the court released an en banc precedential opinion and two nonprecedential opinions. The en banc opinion addresses the law governing standing to file a bid protest in a government contract dispute. Judge Hughes authored the majority opinion on behalf of himself and six other judges. Notably, Judge Hughes authored a dissenting opinion that was joined by three other judges. The nonprecedential opinions come in two patent cases, one appealed from a district court and one from the Patent Trial and Appeal Board. Here are the introductions to the opinions and link to the dismissal.

Late yesterday, the Federal Circuit released a nonprecedential order dismissing an appeal. This morning, the court released a precedential opinion in a vaccine case and a nonprecedential opinion in a pro se case. The court also released an errata and another nonprecedential order dismissing an appeal. Here are the introductions to the opinions and links to the errata and dismissals.

This morning, the Federal Circuit released two precedential opinions in cases appealed from the Patent and Trademark Office. One is a trademark case, and the other is a patent case. Notably, Judge Lourie dissented in the trademark case. The Federal Circuit also released two nonprecedential orders dismissing appeals. One was in an appeal from the Court of Appeals for Veterans Claims, and one was in an appeal from the Court of Federal Claims. Here are the introductions to the opinions and links to the dismissals.

The Federal Circuit did not release any opinions or orders on its website today.

This morning, the Federal Circuit released two nonprecedential opinions, one in a patent infringement case appealed from the International Trade Commission and one in a tax case appealed from the Court of Federal Claims. The Federal Circuit also released a nonprecedential order dismissing an appeal. Here are the introductions to the opinions and a link to the dismissal.

This morning, the Federal Circuit released a nonprecedential opinion in a patent infringement case appealed from the Eastern District of New York. The Federal Circuit affirmed in part, reversed in part, and remanded. Here is the introduction to the opinion.

This morning, the Federal Circuit released a nonprecedential opinion affirming in part and dismissing in part a decision of the Court of Appeals for Veterans Claims. Here is the introduction to the opinion.

Late yesterday, the Federal Circuit released a nonprecedential order dismissing an appeal in a patent case. This morning, the court released three nonprecedential opinions. Two come in patent cases appealed from the Patent Trial and Appeal Board and the Eastern District of Louisiana, while one comes in an antidumping case appealed from the Court of International Trade. Here are the introductions to the opinions, along with a link to the dismissal.