Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights the Federal Circuit’s ruling in American Institute for International Steel v. United States upholding the Trump administration’s steel tariffs, an argument made by the U.S. Patent and Trademark Office that Arthrex does not extend to trademark judges, and a ruling by the Federal Circuit denying an injunction against a producer of a bioequivalent multiple sclerosis drug.
Today the Federal Circuit issued, but did not publish on its website, two important nonprecedential orders in patent and trademark cases. These orders represent the continuing fall out from the Federal Circuit’s opinion in Arthrex, Inc. v. Smith & Nephew, Inc. that the Secretary of Commerce’s appointment of Administrative Patent Judges to the Patent Trial and Appeal Board violates the Appointments Clause of the U.S. Constitution. Hat tip to Sharon Israel at Shook, Hardy & Bacon L.L.P. for alerting us about these orders.