FedCircuitBlog

Here is an update on recent en banc activity at the Federal Circuit. Since our last update, the Federal Circuit issued two en banc opinions, one in a trade case, V.O.S. Selections, Inc. v. Trump, and another in a government contract case, Percipient.ai, Inc. v. United States. Additionally, two petitions for en banc rehearing were filed in patent cases. One raises questions related to identification of real parties in interest in inter partes review proceedings. The other raises questions related to claim construction. Finally, a response was filed in opposition to a petition in another patent case raising questions related to estoppel and inter partes review. Here are the details.

This morning, the Federal Circuit released an errata related to its recent en banc decision affirming the Court of International Trade’s invalidation of President Trump’s tariffs. Here is the link to the errata.

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

• an article discussing the Federal Circuit’s recent ruling that President “Trump does not have the authority to use emergency economic powers to impose taxes on imports”;
• an article reporting how Judge “Newman’s fellow active judges who make up the U.S. Court of Appeals for the Federal Circuit’s Judicial Council voted unanimously to keep her from hearing new cases”;
• a blog post commenting on a recent Federal Circuit decision reversing a district court’s finding with respect to unenforceability due to prosecution laches; and
• an article highlighting a recent Federal Circuit opinion that vacated a refusal to register the f-word as a trademark.

Late today, by a vote of 7-4, the Federal Circuit decided V.O.S. Selections, Inc. v. Trump, the en banc case challenging President Trump’s tariffs. The Federal Circuit affirmed the holding of the Court of International Trade that the International Emergency Economic Powers Act “does not authorize the tariffs imposed by the Executive Orders.” The Federal Circuit, however, also vacated the lower court’s permanent universal injunction and remanded the case for the lower court “to reevaluate the propriety of granting injunctive relief and the proper scope of such relief.” The Federal Circuit explained its decision in a forty-five page per curiam opinion joined by Judges Lourie, Dyk, Reyna, Hughes, Stoll, Cunningham, and Stark. Judge Cunningham filed a separate opinion joined by Judges Lourie, Reyna, and Stark expressing additional views. Judge Taranto authored a dissenting opinion that was joined by Chief Judge Moore and Judges Prost and Chen. They “disagree[d] with the majority’s conclusion on the issue of the tariffs’ legality.” Notably, the court also released an en banc nonprecedential order withholding issuance of the mandate through October 14 to allow the government time to petition the Supreme Court. Here are the introductions to the opinion and order.

Here is an update on recent en banc activity at the Federal Circuit. Since our last update, the Federal Circuit received two letters in the court’s pending en banc case involving President Trump. In addition, two petitions for en banc review were filed in patent cases raising questions related to Rule 52 evidentiary trials and patent eligibility, and the court denied a petition in another patent case raising questions related to invalidity. 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 how “[t]he Trump administration’s top lawyers urged a federal court . . . to uphold its sweeping global tariffs or risk ‘financial ruin’”;
• another piece discussing how the Trump Administration “sees complete disaster for the U.S. economy if its reciprocal tariffs are struck down, revealing its level of concern”;
• a post describing how the U.S. Patent and Trademark Office “has introduced DesignVision, a new artificial intelligence-powered image search tool now available to design patent examiners”; and
• an article covering how the USPTO “plans to require foreign patent applicants and owners to use agency-sanctioned representatives, according to the Trump administration’s regulatory agenda update released Friday.”

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.