FedCircuitBlog

Here is this month’s 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 three dispositions in a veterans case appealed from the Court of Appeals for Veterans Claims, a patent case appealed from a federal district court, and a tax case appealed from the Court of International Trade. We also highlight a new patent case raising a question related to personal jurisdiction and service of process, along with a copyright case that attracted five new amicus briefs. Here are the details.

On August 23 the Federal Circuit issued its opinion in National Association of Manufacturers v. Department of the Treasury, a case we have been following because it attracted an amicus brief. The case was argued before Judges Lourie, Prost, and Reyna. These judges considered whether regulations promulgated by the Department of Treasury to curtail “double drawback” (two tax refunds for the same exported merchandise) are invalid. Judge Reyna authored the majority opinion in the case, affirming the U.S. Court of International Trade’s judgment finding the regulations to be invalid. This is our opinion summary. 

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

• an article discussing the filing of an amicus brief in the aftermath of the Federal Circuit’s recent treatment of “skinny labels;”
• a conversation about President Biden’s potential federal court nominations based on previous picks and patterns; and
• an article discussing how steel importers are urging the Federal Circuit to reverse a panel decision upholding levies on steel imports.

This morning the Federal Circuit issued a precedential opinion in a tax case appealed from the Court of International Trade and a nonprecedential opinion in a patent case appealed from the Patent Trial and Appeal Board. Here are the introductions to the opinions.

Here is this month’s 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 dispositions, one new case with an amicus brief, one case with new briefing, one case update, three recent oral arguments, and two upcoming oral arguments. Here are the details.

As we have been reporting, the Federal Circuit this month is hearing oral arguments in three cases that attracted amicus briefs. In a tax case, National Association of Manufacturers v. Department of the Treasury, the Federal Circuit heard argument Monday related to a decision by the U.S. Court of International Trade that regulations promulgated by the Department of Treasury to curtail “double drawback” (two tax refunds for the same exported merchandise) are invalid. This is our argument recap.

Next week is Court Week at the Federal Circuit. As in the past several months, the court will hear most of its oral arguments telephonically given the coronavirus pandemic. Notably, however, as discussed in our recent post, “Panels B, E, H, K, and N will only be available through the online audio stream” on the Federal Circuit’s new YouTube channel. In total, the court will convene 17 panels to consider about 65 cases. Of these 65 cases, the court will hear oral arguments in 43. Of the argued cases, three attracted amicus briefs: one in a tax case, one in a patent case, and one in a death benefit case. Here’s what you need to know about these three cases.

This week we are previewing three cases on the Federal Circuit’s oral argument schedule next week that attracted amicus briefs. Today we highlight a tax case, National Association of Manufacturers v. Department of the Treasury. In this case, the Department of the Treasury appeals a decision by the U.S. Court of International Trade holding that regulations promulgated by the Treasury to curtail “double drawback” (two tax refunds for the same exported merchandise) are invalid. This is our argument preview.

Here is this month’s update on activity in cases pending before panels of the Federal Circuit where the cases attracted 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 dispositions, one in a veterans case addressing allegations of delay violating due process and one in a patent case addressing the enablement requirement. We also highlight two new patent cases, one addressing claim construction and the non-obviousness requirement and the other addressing the first-to-file rule and patent eligibility. We also note three upcoming oral arguments. Here are the details.

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 activity to report. With respect to petitions cases, one new petition was filed in a case presenting a question related to importation patent infringement and copyright infringement, and three amicus briefs were filed in support of a petition raising questions related to trade and procedural law. Additionally, the Supreme Court denied five petitions related to patent eligibility and veterans law. Here are the details.