FedCircuitBlog

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

• an article reporting how “President Donald Trump said he might go to the Supreme Court to personally watch oral arguments on whether the bulk of his tariffs pass legal muster, in what would be a highly unusual spectacle”;
• an article discussing how “[t]he U.S. Supreme Court denied a move from a Montana lawmaker seeking to intervene as the high court takes up a challenge to President Donald Trump’s tariff authority”;
• an article explaining how “[t]he U.S. Patent and Trademark Office proposed rules . . . that would prevent inter partes reviews challenging patents from being instituted in many scenarios”; and
• an article highlighting how “John Squires, the new director of the U.S. Patent and Trademark Office, announced . . . [that] he will reclaim authority over decisions on whether to allow challenges of approved patent applications under inter partes and post-grant reviews.”

Late yesterday, the Federal Circuit released a nonprecedential opinion dismissing an appeal. This morning, the court released two nonprecedential opinions and two additional nonprecedential orders dismissing appeals. One of the opinions comes in a patent infringement case, and the other comes in an appeal from the Court of Appeals for Veterans Claims. Here are the introductions to the opinions and links to the dismissals.

Yesterday, the Federal Circuit announced the closure of the Circuit Library and suspension of all public and support services until further notice due to the lapse in federal appropriations. Here is the full text of the announcement.

This morning, the Federal Circuit released two nonprecedential opinions and one nonprecedential order dismissing an appeal. Both opinions come in pro se appeals from decisions of the Merit Systems Protection Board. Here are the 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 predicting “[w]hy the Supreme Court may choose to uphold Trump’s tariffs: ‘It would be incredibly disruptive to unscramble those eggs’”;
• an article indicating the “U.S. Supreme Court’s refusal to hear new patent cases for nearly three years has frustrated parties that suffer appellate losses and left the Federal Circuit as the final arbiter over legal disputes that divide the patent bar”;
• a blog post reporting how a “number of amici weighed in . . .  to urge the U.S. Supreme Court to grant a petition asking the Justices to consider whether, “in a patent-infringement suit, a court may consider after-arising technology to hold that the patent is invalid under § 112(a) of the Patent Act”; and
• an article discussing how a “recent U.S. Court of International Trade (CIT) ruling — now on appeal to the U.S. Court of Appeals for the Federal Circuit — threatens to impose retroactive duties on importers of solar cells and modules.”

This morning, the Federal Circuit released one precedential opinion and two nonprecedential opinions. The precedential opinion comes in a patent case, and both nonprecedential opinions come in appeals from the Court of Federal Claims–one in a vaccine case and one in a government contract case. Here are introductions to the opinions.

Last week, the Federal Circuit heard oral argument in a patent case we have been following because it attracted an amicus brief. In the case, C.R. Bard, Inc. v. AngioDynamics, Inc., C.R. Bard challenges rulings concerning patent eligibility, definiteness, and anticipation, among other issues. Judges Lourie, Reyna, and Chen heard the oral argument. This is our argument recap.

This morning, the Federal Circuit released one precedential opinion, two nonprecedential opinions, an errata, and a Rule 36 judgment. The precedential opinion comes in an appeal of a dismissal for lack of jurisdiction by the Court of Federal Claims. One of the nonprecedential opinions addresses an appeal from the Court of Appeals for Veterans Claims, and the other comes in a pro se appeal from the Court of Federal Claims. Here are the introductions to the opinions and links to the errata and Rule 36 judgment.

This morning, the Federal Circuit announced that the Clerk’s Office and Circuit Library will be temporarily unavailable for public services and support this afternoon. Electronic filing will be available. Here is the full text of the announcement.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Since our last update, a new amicus brief was filed in the case addressing President Trump’s tariffs. Regarding pending petitions, since our last update a petition was filed in a government contract case, a waiver of the right to respond was filed in a pro se case, five amicus briefs were filed in a patent case, one amicus brief was filed in a takings case, and a petition in a pro se case was denied. Here are the details.