FedCircuitBlog

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.

Here is an update on recent en banc activity at the Federal Circuit. Since our last update, the Federal Circuit has scheduled oral argument in President Trump’s appeal challenging judgments and injunctions entered Court of International Trade in cases challenging his tariffs. Also three new en banc petitions have also been filed in patent cases, two appealed from the Patent Trial and Appeal Board and one appealed from a district court. 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 by a former Federal Circuit judge suggesting “[a] bipartisan consensus is quietly emerging in Washington” to “modernize America’s intellectual property system”;
• a report covering how “John A. Squires, President Donald Trump’s nominee to run the US Patent and Trademark Office, was voted out of the Senate Judiciary Committee by a 20-2 vote”;
• a blog post describing how “the United States Patent and Trademark Office (USPTO) posted job openings for patent examiners and trademark examining attorneys on USAJobs.gov,” ending the USPTO’s hiring freeze that was put in place when President Trump took office in January; and
• a blog post examining how the Federal Circuit “stands today with a dramatically different judicial composition than at any point in its 43-year history.”

Late yesterday, the Federal Circuit released a nonpreceential order dismissing an appeal in a patent case. This morning, the Federal Circuit released one precedential opinion affirming a decision of the Merit Systems Protection Board and one nonprecedential opinion vacating and remanding a decision of the Trademark trial and Appeal Board. The Federal Circuit also released three nonprecedential orders. One transfers a case, and one dismisses an appeal. Notably, in the third order, the Federal Circuit adopted a briefing schedule and set oral argument for July 31 in the case challenging President Trump’s tariffs. Here are the introductions to the opinions and the order in the tariff case and links to the transfer and dismissals.

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

• a report covering how the Federal Circuit “agreed on Tuesday to allow President Trump to maintain many of his tariffs on China and other U.S. trading partners, extending a pause granted shortly after another panel of judges ruled in late May that the import taxes were illegal”;
• an article describing how “President Donald Trump on Wednesday hailed a favorable decision by [the Federal Circuit] over his sweeping tariff policy as a ‘great’ win for the United States”;
• a piece addressing how “[t]he typically apolitical and staid US Patent and Trademark Office has been swept up in the Trump administration’s efforts to reshape the federal workforce”;
• a blog post discussing how “[t]he Trump Administration’s nominee for U.S. Patent and Trademark Office (USPTO) Director, John Squires, has submitted written responses for the record following his May 21 testimony to the Senate Judiciary Committee”; and
• an article highlighting how “[t]he acting U.S. Patent and Trademark Office director’s decision on Friday to reject patent challenges due to the petitioner’s longstanding knowledge of a patent has many attorneys bracing for either a massive rise or dip in Patent Trial and Appeal Board filings.”