FedCircuitBlog

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.

This morning, the Federal Circuit released one nonprecedential order. It comes in a patent case and denies a petition for a writ of mandamus seeking to order the Eastern District of Texas to stay the case pending conclusion of an ex parte reexamination proceeding. Here is the introduction to the order.

This week and, as it turns out next Monday, is Court Week at the Federal Circuit. The court will convene 13 panels to consider 70 cases. Of the 70 cases, the court will hear oral argument in 45. The Federal Circuit provides access to live audio of these arguments via the Federal Circuit’s YouTube channel. This month, five cases scheduled for oral argument attracted amicus briefs. Here’s what you need to know about these five cases.

As we have been noting all week, five cases being argued in November at the Federal Circuit attracted amicus briefs. The fifth of those case is Micron Technology Inc. v. Longhorn IP LLC, a patent case. In it, Longhorn IP and Katana Silicon Technologies appeal from a district court’s imposition of bonds they say effectively preclude them from prosecuting claims for patent infringement. This is our argument preview.

This morning, the Federal Circuit released one nonprecedential opinion. It comes in a pro se appeal of a decision of the Merit Systems Protection Board. Here is the introduction to the opinion.

This morning, the Federal Circuit announced that during the government shutdown the Federal Circuit will remain open and continue staffing as necessary. All scheduled arguments will proceed as scheduled, and all filing deadlines remain in effect. Here is the full text of the announcement along with a link to the court’s related order.

As we have been reporting, five cases being argued at the Federal Circuit in November attracted amicus briefs. One of these cases is Crocs, Inc. v. International Trade Commission, a trademark case. In it, Crocs appeals a denial of a general exclusion order by the International Trade Commission. This is our argument preview.

This morning, the Federal Circuit released one precedential opinion and one nonprecedential opinion. Both come in companion appeals from the Patent Trial and Appeal Board in inter partes review proceedings. Here are the introductions to the opinions.

As we have been reporting, five cases being argued at the Federal Circuit in November attracted amicus briefs. As we reported yesterday, two of these cases will be argued together, and both are styled In re United States. In the second case, the International Trade Commission petitions the Federal Circuit to issue a writ of mandamus ordering the Court of International Trade to retain the Commission’s designation of certain information as business proprietary information and to vacate a related opinion and order. This is our argument preview.