FedCircuitBlog

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

• a blog post discussing how, “[s]ince the institution of inter parte review . . . proceedings under the Leahy-Smith America Invents Act in 2012, parallel proceedings before the Patent Trial and Appeals Board and district courts have become somewhat commonplace”; and
• a report analyzing how “[r]ecent administrations have conducted several investigations into whether various foreign practices are actionable . . . under Section 301 [of the Trade Act of 1974], . . . one of a number of statutes those administrations have used to impose tariffs on various U.S. imports.”

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. There are currently no pending cases. As for pending petitions, since our last update, four new petitions were filed in a government contract case, a patent case, and two pro se cases; one waiver of the right to respond to a petition was filed in a case originally decided by the Merit Systems Protection Board; two reply briefs were filed in a takings case and a patent case; and the Supreme Court denied three petitions in a trade case, a takings case, and a veterans case. Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. In the only pending case, a patent case addressing inducement of infringement and so-called skinny-labeling, we are waiting for the Court to issue its decision. As for pending petitions, since our last update, two new petitions were filed in a patent case and a pro se case; two waivers of the right to respond to petitions were filed in a patent case and a pro se case; one reply brief was filed in a trade case; seven amicus briefs were filed in a patent case; and the Supreme Court denied three petitions in a takings case, a veterans case, and a pro se case. Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. In the only pending case, a patent case addressing inducement of infringement and so-called skinny-labeling, we have posted our argument recap. As for pending petitions, since our last update, two new petitions were filed; three waivers of the right to respond to petitions were filed; four briefs in opposition were filed; two reply briefs were filed; and the Supreme Court denied a petition. Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. In the only pending case, a patent case addressing inducement of infringement and so-called skinny-labeling, oral argument took place in late April. As for pending petitions, since our last update, six new petitions were filed; three waivers of the right to respond to petitions were filed; three briefs in opposition were filed; three reply briefs were filed; two amicus briefs were filed; and the Supreme Court denied petitions in five cases. Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. In the only pending case, a patent case addressing inducement of infringement and so-called skinny-labeling, seven amicus briefs were filed supporting the respondent. As for pending petitions, since our last update, five new petitions were filed in a patent case, another patent case addressing sanctions, a veterans disability benefits case, a government contracts case, and a pro se case; three waivers of the right to respond to petitions were filed in a patent case and two pro se cases; a reply brief was filed in trademark case; two amicus briefs were filed in a patent case and Trade Act case; and the Supreme Court denied petitions in a patent case and two pro se cases. Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. As for pending cases, since our last update five amicus briefs supporting the petitioner in a patent case were filed. As for pending petitions, since our last update, three new petitions were filed in a trade case and two pro se cases; an amicus brief supporting the petitioner in a patent case was filed; and the Supreme Court denied petitions in a takings case and a pro se case. Here are the details.

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.”