FedCircuitBlog

Here is an update on recent en banc activity at the Federal Circuit. Since our last update, the court heard oral argument in the en banc case challenging President Trump’s tariffs, and the court denied three petitions for en banc review, two in patent cases and one in a takings case. Notably, in the denial in one of the patent cases, Chief Judge Moore and Judge Stoll issued a concurring opinion and Judges Dyk and Hughes issued a dissenting opinion. Here are the details.

On July 31, the Federal Circuit heard oral argument in V.O.S. Selections, Inc. v. Trump, an en banc case involving challenges to the legality of President Trump’s tariffs under the International Emergency Economic Powers Act. We have been monitoring this case both because it is being considered en banc and because it attracted numerous amicus briefs. This is our argument recap.

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

• an article noting how the Federal Circuit “said on Monday that it would extend its suspension of 98-year-old judge Pauline Newman for another year”;
• a piece discussing how “[t]he Trump administration’s trade policy faces a critical test” this week as the Federal Circuit was “scheduled to hear oral arguments . . . in V.O.S. Selections v. Trump” yesterday;
• a report detailing how “[t]he Trump administration is considering a plan to raise tens of billions of dollars with a new fee that would transform the patent system”;
• an article describing how the U.S. Patent and Trademark Office “on Tuesday ordered administrative patent judges to address all grounds raised in America Invents Act petitions when issuing their final decisions”; and
• a blog post discussing how “18 Republican Senators asked the Trump Administration . . . to fill the vacant position of Chief Innovation and Intellectual Property Negotiator.”

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.

This Thursday the Federal Circuit will hear oral argument in V.O.S. Selections, Inc. v. Trump, a case involving challenges to the legality of President Trump’s tariffs under the International Emergency Economic Powers Act. We have been monitoring it both because it is being considered en banc and because it attracted numerous amicus briefs. This is our argument preview.

Here is an update on recent en banc activity at the Federal Circuit. Since our last update, the government filed its response brief in President Trump’s appeal challenging judgments and injunctions entered by the Court of International Trade in cases related to his tariffs. Additionally, the Federal Circuit received two new responses to petitions for en banc review filed in patent cases along with two new amicus briefs in a patent case and a takings case. Finally, the court recently denied one petition for en banc review in a patent case. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit. Since our last update, V.O.S. Selections filed its response brief in President Trump’s appeal challenging judgments and injunctions entered by the Court of International Trade in cases related to his tariffs. Sixteen amicus briefs were also filed in that case. Additionally, the Federal Circuit received three new petitions for en banc review in patent cases. Here are the details.

Today, the Federal Circuit announced it will hear oral argument in V.O.S. Selections, Inc. v. Trump on July 31 at 10:00 a.m, with audio of the proceedings livestreamed on its YouTube channel due to high public interest. Here is the full text of the announcement.

Here is an update on recent en banc activity at the Federal Circuit. Since our last update, the parties filed their en banc briefs in a pending case raising questions related to statutory interpretation and agency deference in the context of a regulation adopted by the Office of Personnel Management related to overtime pay. Two amicus briefs were also filed in President Trump’s appeal challenging judgments and injunctions entered by the Court of International Trade in cases related to his tariffs. Additionally, the Federal Circuit invited a response from appellants in two patent cases and denied three petitions. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit. Since our last update, the government filed its opening brief in President Trump’s appeal challenging the judgments and injunctions entered by the Court of International Trade in cases related to his tariffs. Two amicus briefs were also filed in the same case. Additionally, the Federal Circuit received two new petitions for en banc review, one in a patent case appealed from a district court and one in a pro se case appealed from the Patent Trial and Appeal Board. Lastly, the Federal Circuit recently denied two petitions for en banc rehearing. Here are the details.