FedCircuitBlog

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Since our last update, two new petitions were filed. One petition addresses a former military member’s entitlement to disability retirement, while the other addresses the Lanham Act’s prohibition on misrepresentations. Here are the details.

This morning, the Federal Circuit released an errata for a veterans case decided earlier this July. Here is a link to the errata.

Here is an update on recent en banc activity at the Federal Circuit. Tomorrow the court will hear oral argument in an en banc case challenging President Trump’s tariffs. Also, since our last update, the court received one new amicus brief in a design patent case, and it denied two petitions for en banc review in two utility patent cases. Here are the details.

This morning the Federal Circuit announced that it has released an updated calendar of its sessions in 2025-2026. Here is the full text of the announcement with a link to the updated calendar.

Earlier this month, the Federal Circuit heard oral argument in a patent case we have been following because it attracted multiple amicus briefs. The case, Google LLC v. Sonos, Inc., raises questions concerning prosecution laches, the written description requirement, and the boundaries of judicial discretion at trial. Judges Prost, Reyna, and Hughes heard the oral argument. This is our argument recap.

This morning, the Federal Circuit released a precedential opinion in a vaccine case appealed from the Court of Federal Claims. The Federal Circuit also released three nonprecedential opinions in decisions appealed from the Patent Trial and Appeal Board, the Court of International Trade, and the Court of Appeals for Veterans Claims. Here are the introductions to the opinions.

Yesterday, the Federal Circuit announced the release of materials in the ongoing investigation of Judge Newman’s fitness to serve on the court. The materials include expert reports, deposition transcripts, and orders of the Special Committee investigating Judge Newman. Notably, the materials also include a “Report & Recommendation” filed yesterday. As it explains, the report and recommendation “details the Committee’s findings which lead it to conclude: (i) that there is a reasonable basis to order full neuropsychological testing by a provider selected by the Committee; (ii) that Judge Newman’s continued refusal to cooperate with the Committee’s investigation by undergoing that testing constitutes continuing misconduct; and (iii) that the Judicial Council should renew the sanction of suspending Judge Newman from hearing cases for a period of one year.” Here is the full text of the announcement with links to the materials.

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

• an article covering how the Patent and Trademark Office is “requiring all parties to appear in person for hearings before the Patent Trial and Appeal Board”;
• a piece discussing how “[t]he full Federal Circuit on Wednesday declined to reconsider its first-ever patent eligibility decision involving machine learning”;
• a blog post analyzing how a recent Federal Circuit decision “allowed the court to sidestep broader questions about when patent law issues arising in arbitration contexts warrant Federal Circuit review”; and
• an article suggesting a recent Federal Circuit decision “could make it easier for major brands to oppose trademark applications by market rivals.”

This Thursday the Federal Circuit will hear oral argument in V.O.S. Selections, Inc. v. Trump, a case involving challenges to the legality of President Trump’s tariffs under the International Emergency Economic Powers Act. We have been monitoring it both because it is being considered en banc and because it attracted numerous amicus briefs. This is our argument preview.

This morning, the Federal Circuit released two precedential opinions, one in a patent case appealed from the Western District of Texas and one in a trade case appealed from the Court of International Trade. The Federal Circuit also released a nonprecedential opinion in a patent case appealed from the Middle District of Florida. Here are the introductions to the opinions.