In late April, the Federal Circuit issued its opinion in Stupp Corporation v. United States, a case originally decided by the Court of International Trade that we have been tracking because it attracted an amicus brief. In this case, the Federal Circuit considered whether the use of a statistical test by the Department of Commerce was reasonable. Judge Stark authored the Federal Circuit’s opinion, which described why the court vacated and remanded the judgment of the Court of International Trade. Judges Lourie and Bryson joined Judge Stark’s opinion. This is our opinion summary.
Update on Important Panel Activity
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. With respect to these cases, since our last update we highlight five new opinions, four in patent cases and one in a government contract case; two new argument recaps, one in a trademark case and one in a trade case; and three new cases, one a design patent case and two utility patent cases. Here are the details.
Argument Recap – Stupp Corporation v. United States
Earlier this month, the Federal Circuit heard oral argument in Stupp Corp. v. United States, an international trade case we have been following because it attracted an amicus brief. In this case, the Federal Circuit is reviewing a judgment of the Court of International Trade, which sustained a decision of the Department of Commerce to use a particular test in a differential pricing analysis used to calculate antidumping margins. Judges Lourie, Bryson, and Stark heard the oral argument. This is our argument recap.