FedCircuitBlog

Late yesterday, the Federal Circuit issued an en banc nonprecedential order granting the motions filed by the United States for stays of the judgments and permanent injunctions entered by the Court of International Trade against President Trump’s Executive Orders imposing various tariffs. The court concluded that “a stay is warranted under the circumstances,” and that “these cases present issues of exceptional importance warranting expedited en banc consideration of the merits in the first instance.” Here is the full text of the order.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update, the Federal Circuit heard oral argument in an en banc government contract case. The Federal Circuit also received two amicus briefs and the government’s reply brief in President Trump’s pending case involving tariffs, in which the en banc court granted an immediate administrative stay of the judgments and permanent injunctions entered by the Court of International Trade. As for petitions, the court received an amicus brief in a case with a petition raising questions related to interpretation of the statute defining the power of the International Trade Commission. The Federal Circuit also denied a petition in a patent case. Here are the details.

This morning the Federal Circuit released two nonprecedential opinions and one Rule 36 summary affirmance. The first nonprecedential opinion comes in an appeal from a decision of an arbitrator in a case in which a former employee of the Department of Veterans Affairs challenged her 90-day suspension and requirements she agree to random drug testing and the release of her medical records. The second nonprecedential opinion comes in an appeal from the Merit Systems Protection Board. Here are the introductions to the opinions and a link to the summary affirmance.

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 Federal Circuit “ruled Friday that the United States must face potentially billions of dollars in legal claims over a temporary ban on residential evictions during the COVID pandemic that affected millions of landlords”;
• a blog post addressing how “Micron Technology has petitioned the Supreme Court for a writ of mandamus to reverse a discovery order requiring the company to produce 73 pages of its most sensitive source code in paper form to Chinese state-owned semiconductor manufacturer Yangtze Memory Technologies Company”;
• a report describing how the “US Patent and Trademark Office paused TikTok Inc.’s challenges to seven Bluetooth technology patents over concerns about the social media giant’s ties to the Chinese Communist Party”; and
• a piece observing how, “[a]ccording to the request for information posted on SAM.gov Wednesday, USPTO is seeking contractors with new AI tools or IT capabilities that could boost the agency’s efficiency in granting patents, registering trademarks and advancing intellectual property policies.”

Late Friday, the Federal Circuit released a nonprecedential order dismissing an appeal. This morning, the Federal Circuit released two precedential opinions, nine nonprecedential opinions, and four Rule 36 judgments. The precedential opinions come in a patent case and a case involving a claim under the Public Safety Officers’ Benefits Act of 1976. The nonprecedential opinions come in various patent, veterans, and federal personnel cases. Here are the introductions to the opinions and links to the judgments and dismissals.

Late yesterday, the Federal Circuit released a nonprecedential order dismissing an appeal. This morning, the Federal Circuit released a precedential opinion in a vaccine case, affirming-in-part and reversing-in-part a decision of the Court of Federal Claims. The Federal Circuit also released five nonprecedential opinions, two in appeals from the Merit Systems Protection Board, one in an appeal from the Court of Appeals for Veterans Claims, one from the Court of Federal Claims, and one from the Armed Service Board of Contract Appeals. The Federal Circuit also released four nonprecedential orders dismissing appeals. Here are the introductions to the opinions and links to the dismissals.

Today, 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.

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

• an article addressing how a “U.S. judge dismissed the state of California’s challenge to President Donald Trump’s tariffs, allowing the state to file an appeal over the court’s ruling that the dispute should have been filed in a specialized U.S. trade court in New York”;
• another report covering how a “federal judge in Washington, D.C., extended a pause on his order invalidating the bulk of President Trump’s tariffs” until the Federal Circuit can “resolve the case”; and
• a piece examining how the “U.S. Patent and Trademark Office (USPTO) held a ‘USPTO Hour’ Wednesday in which it announced the results of a study it apparently conducted over the last five years.”

Late yesterday, the Federal Circuit released a nonprecedential order dismissing an appeal. This morning, the Federal Circuit released three precedential opinions, three nonprecedential opinions, two Rule 36 judgments, and one nonprecedential order dismissing an appeal. Here are the introductions to the opinions and links to the summary affirmances and dismissals.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted petitions, there has been no new activity since our last post. With respect to pending petitions, there were three waivers of right to respond to petitions, one in a pro se case, one in a patent case, and another in a government contracts case. There were also two new replies filed in support of petitions in patent cases. Finally, there were two denials of petitions filed in patent cases. Here are the details.