FedCircuitBlog

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Since our last update, the Supreme Court heard oral argument in the case challenging President Trump’s tariffs. As for pending petitions, new petitions were filed in a patent case, a government contract case, and a pro se case; briefs in opposition were filed in a patent case and a takings case; waivers of the right to respond to petitions were filed in a Rule 36 case and two pro se cases; five amicus briefs were filed in a government contract case; and three petitions were denied, one in a Rule 36 case and two in pro se cases. Here are the details.

Here is an update on recent Supreme Court activity in cases decided by the Federal Circuit. The only case pending at the Supreme Court decided by the Federal Circuit is Trump v. V.O.S. Selections, Inc. Since our last update, thirty two amicus briefs have been filed in this case. The case is set to be argued on Wednesday. Regarding pending petitions, one new petition has been filed in a patent case, and three waivers of the right to respond to petitions were filed. Here are the details.

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

• an article reporting how Consumer Watchdog, a nonprofit group, argued in its amicus brief that “even if a 1977 law . . . gives the president unbounded tariff authority, Congress doesn’t have the authority to delegate that kind of ‘immense power’”;
• an article explaining how the Supreme Court’s decision on President Trump’s tariffs “could constrain or restore executive latitude over trade policy”;
• a blog post discussing what a recent Federal Circuit decision “might mean for the patenting of inventions relating to artificial intelligence (AI) in the United States, and by extension, America’s leadership in AI development”; and
• an article suggesting the U.S. Patent and Trademark Office will achieve “[f]aster office actions, improved prior art searches and a more consistent application of the law” in patent examination “due to increased use of artificial intelligence.”

Here is an update on recent en banc activity at the Federal Circuit. Tomorrow the court will hear oral argument in an en banc case challenging President Trump’s tariffs. Also, since our last update, the court received one new amicus brief in a design patent case, and it denied two petitions for en banc review in two utility patent cases. Here are the details.

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

• an article covering how the Patent and Trademark Office is “requiring all parties to appear in person for hearings before the Patent Trial and Appeal Board”;
• a piece discussing how “[t]he full Federal Circuit on Wednesday declined to reconsider its first-ever patent eligibility decision involving machine learning”;
• a blog post analyzing how a recent Federal Circuit decision “allowed the court to sidestep broader questions about when patent law issues arising in arbitration contexts warrant Federal Circuit review”; and
• an article suggesting a recent Federal Circuit decision “could make it easier for major brands to oppose trademark applications by market rivals.”

Here is an update on recent en banc activity at the Federal Circuit. Since our last update, the Federal Circuit has scheduled oral argument in President Trump’s appeal challenging judgments and injunctions entered Court of International Trade in cases challenging his tariffs. Also three new en banc petitions have also been filed in patent cases, two appealed from the Patent Trial and Appeal Board and one appealed from a district court. Here are the details.

Late yesterday, the Federal Circuit released a nonprecedential order dismissing an appeal. This morning, the Federal Circuit released a precedential opinion in a patent case on appeal from the District of Delaware. Here is an introduction to the opinion and link to the order.