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Yesterday, the Court of International Trade blocked the White House from using the emergency powers act to impose tariffs on foreign countries. The decision has already been appealed. Appeals from the Court of International Trade go to the US Court of Appeals for the Federal Circuit.

This begs a few questions:

1. Will the CAFC take this case en banc sua sponte? Will any judges recuse themselves?
2. While rarely used, will the CAFC expand the panel to five judges from the normal three?
3. Will the CAFC stick to its unique procedure of announcing the panel shortly before oral argument?
4. How dynamically will the stock market respond during the oral argument?
5. How many patents will be deemed non-infringed or subject matter ineligible in the decision?
6. . . . . . will the Federal Circuit issue a Rule 36 decision?

I am reading the biography of Benjamin Franklin by Walter Isaacson. Benjamin Franklin is known for many impressive discoveries and inventions — for none of which he ever pursued a patent. Interestingly, in his correspondence with the philosopher David Hume in 1759, Franklin lamented that Hume discouraged the coining of new words.

Isaacson writes:

Franklin and Hume also shared an interest in language. When Hume berated him for coining new words, Franklin agreed to quit using the terms “colonize” and “unshakeable.” But he lamented that “I cannot but wish the usage of our tongue permitted making new words when we want them.” For example, Franklin argued, the word “inaccessible” was not nearly as good as coining a new word such as “uncomeatable.” Hume’s response to this suggestion is unknown, but it did nothing to diminish his ardent admiration for his new friend.

Benjamin Franklin — An American Life, by Walter Isaacson at page 197.

Franklin probably would have approved of the fact that a future US Patent system would actually permit one to be their own neologist. (Some might say “lexicographer” — but, I think neologist is a more apt word.) And, he might be interested in the new words coined by future US Presidents, e.g., Thomas Jefferson: “authentication,” Abraham Lincoln: “relocate,” Donald Trump: “bigly.”

Assuming Chief Judge Moore serves out the remaining three years of her seven year term as Chief Judge of the Federal Circuit, can you answer who will be the next Chief Judge of the Federal Circuit?

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