FedCircuitBlog

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This morning, the Federal Circuit released two precedential opinions and one nonprecedential order.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.

This morning, the Federal Circuit released five nonprecedential opinions and three nonprecedential orders dismissing appeals. Three of the opinions come in patent cases. Judge Dyk dissented to one. The other two opinions come in pro se appeals. Here are the introductions to the opinions and links to the dismissals.

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

• an article discussing “the process for paying back billions in tariffs the Trump administration has collected, should the justices rule those duties are illegal”;
• an article arguing “[a]n unusual combination of Supreme Court justices appears to be coalescing to strike down President Donald Trump’s global tariffs”;
• a blog post predicting “a 6-3 vote against the tariffs, with Justices Thomas, Alito, and Kavanaugh dissenting”; and
• an article explaining how “the U.S. Patent and Trademark Office has changed dramatically the manner in which it reviews petitions for inter partes review.”

This morning, the Federal Circuit announced that, given the restoration of federal appropriations, it has resumed normal operations. Here is the full text of the announcement.

This morning, the Federal Circuit released one precedential opinion, one nonprecedential opinion, and three nonprecedential orders. The precedential opinion comes in an appeal of a judgment in a case involving claims of design and utility patent infringement. The nonprecedential opinion comes in a pro se appeal of a decision of the Merit Systems Protection Board. One of the orders requires the parties to seek clarification of a final judgment in a patent case, while two dismiss appeals. Here are the introductions to the opinions and the first order and links to the dismissals.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Since our last update, the Supreme Court heard oral argument in the case challenging President Trump’s tariffs. As for pending petitions, new petitions were filed in a patent case, a government contract case, and a pro se case; briefs in opposition were filed in a patent case and a takings case; waivers of the right to respond to petitions were filed in a Rule 36 case and two pro se cases; five amicus briefs were filed in a government contract case; and three petitions were denied, one in a Rule 36 case and two in pro se cases. Here are the details.

This morning, the Federal Circuit released one precedential opinion, one nonprecedential opinion, and three Rule 36 judgments. The precedential opinion comes in an patent infringement case where a defendants challenged the validity of the asserted patent claims due to indefiniteness. While the district court found the claims invalid, the Federal Circuit reversed the judgment. The nonprecedential opinion comes in a pro se appeal of a decision of the Merit Systems Protection Board. Here are introductions to the opinions and links to the Rule 36 judgments.