FedCircuitBlog

Late yesterday, the Federal Circuit released a nonprecedential order dismissing an appeal. This morning, the Federal Circuit released one nonprecedential opinion. It comes in an appeal of a decision in an inter partes review proceeding by the Patent Trial and Appeal Board. Here is the introduction to the opinion and a link to the dismissal.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Since our last update, we posted a recap of the oral argument in President Trump’s case pending at the Court. As for pending petitions, new petitions were filed in a patent case, a case originating at the Merit Systems Protection Board, and a pro se case; a reply brief was filed in support of a petition in a takings case; an amicus brief was filed in a trademark case; and the Court denied four petitions raising questions in two patent cases and two pro se cases. Here are the details.

This morning, the Federal Circuit released two nonprecedential opinions and two nonprecedential orders. One of the opinions comes in a patent infringement case appealed from the District of Oregon, and the other comes in a pro se case appealed from the Court of International Trade. The orders dismiss appeals. Here are the introductions to the opinions and links to the dismissals.

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 questions related to claim construction, patent eligibility, and appellate procedure. The court also denied four petitions for en banc rehearing. Those petitions raised questions related to the presumption of validity and the written description requirement, Rule 36, attorneys’ fees, and obviousness, and claim construction. Here are the details.

Earlier this month, the Federal Circuit Court heard oral argument in Crocs, Inc. v. International Trade Commission, a trademark case we have been watching because it attracted an amicus brief. In this case, Crocs appeals the International Trade Commission’s denial of a general exclusion order. This is our argument recap. 

This morning, the Federal Circuit released one precedential opinion, two nonprecedential opinions, and one nonprecedential order. The precedential opinion comes in a patent case on appeal from a judgment of a district court and addresses patent law’s written description requirement. Both nonprecedential opinions come in appeals of decisions of the Court of Appeals for Veterans Claims. The order dismisses an appeal. Here are introductions to the opinions and a link to the dismissal.

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

• an article commenting on how “[f]acts . . . matter and should play an important, even dominant, role” in President Trump’s tariffs case;
• an article arguing “the economic effects of the Supreme Court’s decision about the reach of the IEEPA may prove marginal at most” and, by contrast, “[i]t will be the legal precedent and the Court’s rationale that will matter most to the overall trajectory of presidential power”;
• an article suggesting that, “[i]f the president believes that global tariffs are in the national interest, he should take his case to Congress”; and
• a blog post suggesting U.S. Patent and Trademark Office Director John Squires “appears to be using institutional silence as a policy instrument to strengthen patent rights by avoiding substantive review.”

This morning, the Federal Circuit released two precedential opinions and one nonprecedential order. Both opinions come in an appeals of decisions of the Court of International Trade. The order dismisses an appeal. Here are the introductions to the opinions and a link to the dismissal.

Earlier this month, the Supreme Court heard oral argument in Trump v. V.O.S. Selections, Inc, a case originally decided by the Federal Circuit. The Court granted review to consider whether the International Emergency Economic Powers Act authorizes President Trump to impose tariffs for national emergencies. The Court also granted review to consider, even if IEEPA authorizes the tariffs, whether the Act unconstitutionally delegates legislative authority to the President. This is our argument recap.

Last week, the Federal Circuit heard oral argument in two consolidated cases styled In re United States. In the first case, the United States, on behalf of the International Trade Commission, appeals a judgment of the Court of International Trade, arguing it abused its discretion in denying the parties’ joint motion to redact information submitted to the Commission. 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 information as business proprietary information. Judges Dyk, Taranto, and Chen heard the argument. This is our argument recap.