FedCircuitBlog

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.

Late last month, the Federal Circuit issued its opinion in HMTX Industries LLC v. United States, a trade case we have been following because it attracted four amicus briefs. In this case, the Federal Circuit reviewed a judgment of the Court of International Trade. That court held that certain actions of the U.S. Trade Representative did not exceed statutory authority and satisfied requirements of the Administrative Procedure Act. Judge Hughes authored an opinion for the Federal Circuit affirming the judgment of the Court of International Trade. This is our opinion summary.

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

• an article commenting on “the Supreme Court’s next move” in President Trump’s tariff case;
• an article suggesting a recent Federal Circuit decision “confirms that Trump has alternate paths forward, should the Supreme Court strike down his emergency duties on most of global commerce”;
• an article suggesting a “dramatic change in how inter partes reviews are handled . . . has drawn sharp criticism from law professors and technology companies, setting up a high stakes battle at the Federal Circuit”; and
• an article highlighting how some attorneys are looking to John Squires, the newly confirmed director of the U.S. Patent and Trademark Office, “to provide clear rules and consistent practices, saying the current requirements keep changing.”

Last week the Federal Circuit heard oral argument in HMTX Industries LLC v. United States, a case we have been tracking because it attracted four amicus briefs. In this case, HMTX appeals a judgment by the Court of International Trade, which upheld the U.S. Trade Representative’s tariffs on Chinese goods. HMTX alleged USTR’s tariffs “on hundreds of billions of dollars of imported Chinese goods are ultra vires and procedurally infirm.” This is our argument recap.

This week (and next Monday) is Court Week at the Federal Circuit. The court originally scheduled 12 panels to hear 72 cases, with the plan to hear oral argument in 45 cases. Given the National Day of Mourning for President Carter, however, the court last week announced that it would not open on Thursday, canceling two panels. As always, the court provides access to live audio of its arguments via the Federal Circuit’s YouTube channel. This month, four cases scheduled for oral argument attracted amicus briefs. Here’s what you need to know about these four cases.

As we have been reporting, four cases scheduled to be argued in January at the Federal Circuit attracted amicus briefs. One of these cases is HMTX Industries LLC v. United States. In this case, HMTX challenges the Court of International Trade’s decision to uphold a proposed increase in tariffs on goods originating in China. This is our argument preview.