FedCircuitBlog

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

• an article discussing the Federal Circuit’s recent ruling that President “Trump does not have the authority to use emergency economic powers to impose taxes on imports”;
• an article reporting how Judge “Newman’s fellow active judges who make up the U.S. Court of Appeals for the Federal Circuit’s Judicial Council voted unanimously to keep her from hearing new cases”;
• a blog post commenting on a recent Federal Circuit decision reversing a district court’s finding with respect to unenforceability due to prosecution laches; and
• an article highlighting a recent Federal Circuit opinion that vacated a refusal to register the f-word as a trademark.

This morning, the Federal Circuit released two precedential opinions in cases appealed from the Patent and Trademark Office. One is a trademark case, and the other is a patent case. Notably, Judge Lourie dissented in the trademark case. The Federal Circuit also released two nonprecedential orders dismissing appeals. One was in an appeal from the Court of Appeals for Veterans Claims, and one was in an appeal from the Court of Federal Claims. Here are the introductions to the opinions and links to the dismissals.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, an amicus brief was filed in support of respondent in Vidal v. Elster. With respect to petitions, two new petitions in two pro se cases were filed with the Court. Additionally, the government waived its right to respond to petitions in an employment case and in a pro se case. Here are the details.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

• an article and a blog post discussing potential impact of the Supreme Court’s grant of certiorari in a trademark case decided by the Federal Circuit;
• a blog post highlighting “five tips for IPR practice” in light of the Federal Circuit’s ruling in a precedential case regarding inter partes review; and
• an article about the impact on attorney fee motions after the Federal Circuit’s decision in a patent case dealing with attorney fees and non-taxable costs under 35 U.S.C. § 285.

This morning the Federal Circuit released three nonprecedential opinions. The first and second opinions come in cases appealed from the Court of Federal Claims and involve issues related to the Vaccine Act and jurisdiction, respectively. The third opinion comes in a patent case appealed from the Patent Trial and Appeal Board. The Federal Circuit also released two nonprecedential orders late yesterday and this morning. One transfers an appeal to the Northern District of Illinois, and the other dismisses an appeal. Finally, the Federal Circuit released two Rule 36 judgments. Here are the introductions to the opinions, text from the order, and links to the dismissal and Rule 36 judgments.