FedCircuitBlog

This morning, the Federal Circuit released three nonprecedential opinions and three Rule 36 judgments. All three opinions come in pro se appeals. Two come in appeals of decisions of the Merit Systems Protection Board, and one comes in an appeal of a decision of the Court of Federal Claims. Here are introductions to the opinions and links to the Rule 36 judgments.

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

• an article suggesting “[t]he Supreme Court appeared skeptical . . . that President Donald Trump has legal authority to impose tariffs”;
• an article similarly reporting a “majority of Supreme Court justices seemed skeptical . . . about President Donald Trump’s ability to unilaterally impose far-reaching tariffs, putting at risk a cornerstone of his agenda in the biggest legal test yet of his boundary-pushing presidency”;
• an article also indicating “U.S. Supreme Court justices raised doubts . . . over the legality of President Donald Trump’s sweeping tariffs,” but recognizing that “some of the conservative justices also stressed the inherent authority of presidents in dealing with foreign countries, suggesting the court could be sharply divided in the outcome of the case”; and
• a blog post suggesting “a majority of the justices appeared to agree with the small businesses and states challenging the tariffs” on the ground “that they exceeded the powers given to the president under a federal law providing him the authority to regulate commerce during national emergencies created by foreign threats.”

Late yesterday, the Federal Circuit released a nonprecedential order dismissing an appeal. This morning, the court released one precedential order, three nonprecedential opinions, four nonprecedential orders, and an errata. The precedential order comes in a petition for a writ of mandamus seeking to order the Director of the U.S. Patent and Trademark Office to vacate an order deinstituting an inter partes review proceeding. Two of the orders deny similar petitions of writs of mandamus. All three nonprecedential opinions come in pro se appeals, two from the Merit Systems Protection Board and one from the Court of Federal Claims. The remaining two orders dismiss appeals. Here are introductions to the opinions and links to the orders and the errata.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Yesterday the Supreme Court heard oral argument in Trump v. V.O.S. Selections, the case challenging President Trump’s tariffs. Also, since our last update, four new petitions have been filed in takings, patent, and pro se cases; two waivers of the right to respond to petitions were filed in a trademark case and a pro se patent case; and an amicus brief was filed in a case challenging the Federal Circuit’s use of Federal Circuit Rule 36 and its application of the Whistleblower Protection Act. Here are the details.

Late yesterday, the Federal Circuit released a nonprecedential order dismissing an appeal. This morning, the court released two nonprecedential opinions. Both come in pro se appeals. One comes from the Merit Systems Protection Board, and the other comes from the Court of Federal Claims. Here are the introductions to the opinions and a link to yesterday’s dismissal.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update, one new petition for en banc rehearing was filed, raising a question regarding claim construction; one new response was filed in another case raising a different question regarding claim construction; and the Federal Circuit denied two petitions for en banc rehearing, both raising questions related to transfer. Here are the details.

Late yesterday, the Federal Circuit released a nonprecedential order dismissing an appeal. This morning, the court released four nonprecedential opinions, one Rule 36 judgment, and another nonprecedential order dismissing an appeal. Two of the opinions come in pro se cases involving the same petitioner. The third opinion comes in an appeal from a decision of the Patent Trial and Appeal Board, while the fourth opinion comes in an appeal from a decision of the Merit Systems Protection Board. Here are the introductions to the opinions and links to the Rule 36 judgment and dismissals.

Tomorrow the Supreme Court will hear oral arguments in Trump v. V.O.S. Selections. In this case, which was consolidated with another case decided by the D.C. Circuit, President Trump is appealing the Federal Circuit’s conclusion that the International Emergency Economic Powers Act’s grant of presidential authority to “regulate” imports does not authorize the tariffs he imposed. This is our argument preview.

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

• an article arguing how, in President Trump’s tariffs case, “[t]here is some reason to think the [major question] doctrine may disappear”;
• an article suggesting President Trump’s “universal tariffs are a legally unprecedented use of authority” granted by Congress;
• an article analyzing how “[t]he announcement that U.S. Patent and Trademark Office Director John Squires will now make all decisions on whether to institute America Invents Act patent reviews is expected to reshape litigation”; and
• a blog post highlighting how the National Weather Service Employees Organization and the Patent Office Professional Association “filed a motion for a preliminary injunction” alleging recent Executive Orders “unlawfully threaten employees’ rights to organize and bargain collectively” based on retaliation.

Here is an update on activity in cases pending before panels of the Federal Circuit where the cases involve at least one amicus brief. We keep track of these cases in the “Other Cases” section of our blog. Today, with respect to these cases, we highlight two new opinions, four recent oral arguments, and five upcoming oral arguments. Here are the details.