Supreme Court Activity

Recent Supreme Court Activity

This post summarizes the recent activity at the Supreme Court in cases decided by the Federal Circuit.

Here are the details.

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Petitions / Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit.

Here are the details.

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Panel Activity

Update on Important Panel Activity

About once a month we provide an update on activity in patent cases pending before panels of the Federal Circuit where the cases involve at least one amicus brief. We keep track of these patent cases in the “Other Cases” section of our blog. There we also highlight non-patent cases that attract amicus briefs, but only once those cases have been scheduled for oral argument. Today, with respect to these cases we highlight three dispositions, four recent oral arguments, and one upcoming oral argument.

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Petitions / Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, there is no new activity to report. With respect to petition cases, three new petitions were filed raising issues related to patent and trade law; four patent cases saw amicus briefs filed; and the Court denied a petition in a patent case. Read on for the details.

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News

Recent News on the Federal Circuit

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights the Federal Circuit’s ruling in American Institute for International Steel v. United States upholding the Trump administration’s steel tariffs, an argument made by the U.S. Patent and Trademark Office that Arthrex does not extend to trademark judges, and a ruling by the Federal Circuit denying an injunction against a producer of a bioequivalent multiple sclerosis drug.

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Opinions

Today’s Opinions – February 28, 2020

This morning the Federal Circuit issued one nonprecedential opinion in a trademark case, one nonprecedential opinion in a trade case, two nonprecedential orders denying writs of mandamus, and one nonprecedential erratum. Here are the introductions to the opinions, the text of the orders, and the text of the erratum.

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Argument Recap

Argument Recap – American Institute for International Steel, Inc. v. United States

Last week the Federal Circuit heard three cases that attracted amicus briefs. In the last of these three cases, American Institute for International Steel, Inc. v. United States, the American Institute for International Steel (and its co-appellants) presented two questions to the Federal Circuit related to the Section 232 of the Trade Expansion Act of 1962. As we noted in our argument preview, these questions ask whether Congress unconstitutionally delegated its legislative authority to the President. Last Friday, the parties presented their arguments to a panel of the court that included Judges Taranto, Stoll, and Schall. Here is our recap of those arguments.

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News

Recent News on the Federal Circuit

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights the Supreme Court’s rejection of the petition in Athena Diagnostics, Inc. v. Mayo Collaborative Services, LLC and oral arguments heard by the Federal Circuit in Sanford Health Plan v. United States and American Institute for International Steel v. United States.

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Argument Preview

Argument Preview – American Institute for International Steel, Inc. v. United States

Our third and final argument preview for January’s cases covers American Institute for International Steel, Inc. v. United States, a case that attracted two amicus briefs on each side. In March, 2018, President Trump relied upon Section 232 of the Trade Expansion Act of 1962, codified as amended at 19 U.S.C. § 1862, to impose a 25% tariff on imported steel products. In this case, a panel of the Federal Circuit will address a challenge by importers and users of imported steel products that Section 232 is facially unconstitutional. The appellants, in particular, argue that Section 232 constitutes an improper delegation of legislative authority and violates the principles of separation of powers established by the Constitution. This case will be argued at the Federal Circuit tomorrow morning.

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Court Week

Court Week – What You Need to Know

This week (and on Monday and Tuesday next week) the Federal Circuit will hold 17 panel hearings and hear oral arguments in about 53 cases. Amicus briefs were filed in three of these cases. The first is a patent case drawing attention because of a challenge to the district court’s prevailing party determination, a prerequisite for attorney fee awards. The second is a sister case to three cases argued at the Supreme Court last month, Maine, Moda, and Land of Lincoln. And the third case, which presents a challenge to the delegation of power to the President to impose tariffs on steel products, saw two amicus briefs supporting the challenger and two supporting the government.

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