FedCircuitBlog

Earlier this month, the Federal Circuit Court heard oral argument in Crocs, Inc. v. International Trade Commission, a trademark case we have been watching because it attracted an amicus brief. In this case, Crocs appeals the International Trade Commission’s denial of a general exclusion order. This is our argument recap. 

Here is an update on activity in cases pending before panels of the Federal Circuit where the cases involve at least one amicus brief. We keep track of these cases in the “Other Cases” section of our blog. Today, with respect to these cases, we highlight two new opinions, four recent oral arguments, and five upcoming oral arguments. Here are the details.

This week and, as it turns out next Monday, is Court Week at the Federal Circuit. The court will convene 13 panels to consider 70 cases. Of the 70 cases, the court will hear oral argument in 45. The Federal Circuit provides access to live audio of these arguments via the Federal Circuit’s YouTube channel. This month, five cases scheduled for oral argument attracted amicus briefs. Here’s what you need to know about these five cases.

As we have been reporting, five cases being argued at the Federal Circuit in November attracted amicus briefs. One of these cases is Crocs, Inc. v. International Trade Commission, a trademark case. In it, Crocs appeals a denial of a general exclusion order by the International Trade Commission. This is our argument preview.

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 President Trump’s case addressing his tariffs. Regarding pending petitions, one new petition was filed in a trademark case, a new amicus brief was filed in a patent case, two new waivers of the right to respond were filed in pro se cases, and thirteen petitions were denied by the Supreme Court in cases raising questions related to patent law, the Lanham Act, military disability retirement benefits, and due process. Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Since our last update, there is no new activity in granted cases. As for pending petitions, one new petition was filed in a patent case raising a question related to what qualifies as a printed publication. Two new reply briefs were filed, one supporting a petition raising a question related to the Lanham Act and one supporting a petition raising a question related to the activities of the Patent Trial and Appeal Board. Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Since our last update three new petitions have been filed. One presents questions related to the Lanham Act, one presents a question related to patent law, and one comes in a pro se case. Two waivers of right to respond to petitions have been filed. One comes in a trademark case, and one comes in a patent case. A brief in opposition was filed in a case presenting a question related to the Lanham Act, and an amicus brief was filed in the same case. Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Since our last update, two new petitions were filed. One petition addresses a former military member’s entitlement to disability retirement, while the other addresses the Lanham Act’s prohibition on misrepresentations. 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 discussing last week’s Senate markup hearing where lawmakers announced that they plan to “delay consideration of both the Patent Eligibility Restoration Act (PERA) and the Promoting and Respecting Economically Vital American Innovation Leadership Act (PREVAIL Act)”;
• an article reporting how U.S. Patent and Trademark Office Director Kathi Vidal announced that “she will leave the office in mid-December ahead of the incoming administration of Republican President-Elect Donald Trump”;
• a blog post highlighting an upcoming en banc review by the Federal Circuit that will “address fundamental questions about the reliability standards for expert damages testimony in patent cases”; and
• an article examining the law surrounding patent marking after a recent Federal Circuit decision “seemingly revived a private actor’s right to bring a cause of action for false marking via the unfair competition and false advertising provisions of Section 43(a) of the Lanham Act.”

Here is an update on activity in cases pending before panels of the Federal Circuit where the case involves at least one amicus brief. We keep track of these cases in the “Other Cases” section of our blog. Today with respect to these cases we highlight one new opinion in a case raising a question related to se advertising counterclaims under the Lanham Act; two new cases, one a takings case and another a patent case; and new briefing in a case raising questions related to whether a district court erred in denying a motion to intervene and to unseal court records. Here are the details.