FedCircuitBlog

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

• an article suggesting that, in deciding President Trump’s tariff case, “Chief Justice John Roberts faces a defining challenge as he enters his third decade leading the Supreme Court”;
• an article considering “[w]hat alternatives” the Trump Administration might “pursue if the court strikes down its use of IEEPA”; and
• an article discussing how the Federal Circuit and the U.S. Patent and Trademark Office have provided “some key decisions and guidance” as companies “encounter opportunities to secure patents on their advances” when they use artificial intelligence.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Since our last update, we posted a recap of the oral argument in President Trump’s case pending at the Court. As for pending petitions, new petitions were filed in a patent case, a case originating at the Merit Systems Protection Board, and a pro se case; a reply brief was filed in support of a petition in a takings case; an amicus brief was filed in a trademark case; and the Court denied four petitions raising questions in two patent cases and two pro se 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 commenting on how “[f]acts . . . matter and should play an important, even dominant, role” in President Trump’s tariffs case;
• an article arguing “the economic effects of the Supreme Court’s decision about the reach of the IEEPA may prove marginal at most” and, by contrast, “[i]t will be the legal precedent and the Court’s rationale that will matter most to the overall trajectory of presidential power”;
• an article suggesting that, “[i]f the president believes that global tariffs are in the national interest, he should take his case to Congress”; and
• a blog post suggesting U.S. Patent and Trademark Office Director John Squires “appears to be using institutional silence as a policy instrument to strengthen patent rights by avoiding substantive review.”

Earlier this month, the Supreme Court heard oral argument in Trump v. V.O.S. Selections, Inc, a case originally decided by the Federal Circuit. The Court granted review to consider whether the International Emergency Economic Powers Act authorizes President Trump to impose tariffs for national emergencies. The Court also granted review to consider, even if IEEPA authorizes the tariffs, whether the Act unconstitutionally delegates legislative authority to the President. 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 discussing “the process for paying back billions in tariffs the Trump administration has collected, should the justices rule those duties are illegal”;
• an article arguing “[a]n unusual combination of Supreme Court justices appears to be coalescing to strike down President Donald Trump’s global tariffs”;
• a blog post predicting “a 6-3 vote against the tariffs, with Justices Thomas, Alito, and Kavanaugh dissenting”; and
• an article explaining how “the U.S. Patent and Trademark Office has changed dramatically the manner in which it reviews petitions for inter partes review.”

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

• an article highlighting that “the major questions doctrine was a focal point” during the oral argument for President Trump’s tariffs case;
• a blog post discussing how, during the oral argument in President Trump’s tariffs case, “special attention” was given “to one verb in particular: the verb ‘regulate’”;
• an article suggesting, “[i]f the Supreme Court strikes down the IEEPA tariffs, the outcome will not be national collapse but relief”; and
• an article arguing “extensive quotes from Mr. Trump” in a key filing made by the government “may change the legal calculus” in President Trump’s tariffs case.

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

• an article suggesting “[t]he Supreme Court appeared skeptical . . . that President Donald Trump has legal authority to impose tariffs”;
• an article similarly reporting a “majority of Supreme Court justices seemed skeptical . . . about President Donald Trump’s ability to unilaterally impose far-reaching tariffs, putting at risk a cornerstone of his agenda in the biggest legal test yet of his boundary-pushing presidency”;
• an article also indicating “U.S. Supreme Court justices raised doubts . . . over the legality of President Donald Trump’s sweeping tariffs,” but recognizing that “some of the conservative justices also stressed the inherent authority of presidents in dealing with foreign countries, suggesting the court could be sharply divided in the outcome of the case”; and
• a blog post suggesting “a majority of the justices appeared to agree with the small businesses and states challenging the tariffs” on the ground “that they exceeded the powers given to the president under a federal law providing him the authority to regulate commerce during national emergencies created by foreign threats.”

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Yesterday the Supreme Court heard oral argument in Trump v. V.O.S. Selections, the case challenging President Trump’s tariffs. Also, since our last update, four new petitions have been filed in takings, patent, and pro se cases; two waivers of the right to respond to petitions were filed in a trademark case and a pro se patent case; and an amicus brief was filed in a case challenging the Federal Circuit’s use of Federal Circuit Rule 36 and its application of the Whistleblower Protection Act. 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 arguing how, in President Trump’s tariffs case, “[t]here is some reason to think the [major question] doctrine may disappear”;
• an article suggesting President Trump’s “universal tariffs are a legally unprecedented use of authority” granted by Congress;
• an article analyzing how “[t]he announcement that U.S. Patent and Trademark Office Director John Squires will now make all decisions on whether to institute America Invents Act patent reviews is expected to reshape litigation”; and
• a blog post highlighting how the National Weather Service Employees Organization and the Patent Office Professional Association “filed a motion for a preliminary injunction” alleging recent Executive Orders “unlawfully threaten employees’ rights to organize and bargain collectively” based on retaliation.