Posts in Circuit Courts of Appeal

Last week, the U.S. Supreme Court issued an order deferring a decision in Trump v. Perlmutter, a case in which President Donald Trump is asking the Court to stay an interlocutory injunction issued by the U.S. Court of Appeals for the D.C. Circuit in September that allowed Register of Copyrights Shira Perlmutter to return to her post pending her lawsuit against Trump for removing her from office.

The most contested element in establishing a prima facie Defend Trade Secrets Act (DTSA) trade secret misappropriation claim is whether the owner undertook “reasonable efforts” to maintain secrecy. Defendants routinely cite a lack of or poorly implemented security measures as a defense. On November 18, 2025, the U.S. Court of Appeals for the Fourth Circuit in Samuel Sherbrooke Corporate Ltd. v. Mayer offered guidance on what constitutes such measures at the pleading stage, reversing the district court’s dismissal on the ground that the plaintiff failed to take reasonable measures to protect the trade secrets at issue.

The U.S. Supreme Court justices today seemed skeptical of Cox Communications’ arguments that it should not be held liable for contributory infringement for failing to terminate internet access to subscribers who were alleged to have committed infringement, but had tough questions for both sides in Cox Communications, Inc. v. Sony Music Entertainment, Inc.

The U.S. Supreme Court on Monday denied certiorari in Halicki v. Carroll Shelby Licensing, a case in which Denice Shakarian Halicki, widow of the creator of the “Gone in 60 Seconds” film franchise sought review of a U.S. Court of Appeals for the Ninth Circuit decision that held the car character “Eleanor,” a customized Ford Mustang, was not entitled to copyright protection.

The U.S. Supreme Court on Monday granted a motion from the U.S. Solicitor General to participate in oral argument as an amicus in the copyright case between Cox Communications and Sony Music Entertainment. The order allows the government to weigh in during the December 1 hearing on whether an internet service provider (ISP) can be held contributorily liable for copyright infringement committed by its users.

Yesterday, the U.S. Court of Appeals for the Third Circuit nixed the latest challenge filed by a major pharmaceutical company seeking to overturn the Medicare Drug Price Negotiation Program established by the Inflation Reduction Act (IRA). Building off prior cases, the Third Circuit quelched novel statutory challenges to the Centers for Medicare & Medicaid’s (CMS) definition of a single-source drug raised by Danish pharmaceutical developer Novo Nordisk based on the IRA’s bar against judicial review.

A number of amici have weighed in this week supporting ROSS Intelligence’s appeal to the U.S. Court of Appeals for the Third Circuit challenging the originality and fair use rulings of the District of Delaware in a copyright infringement case brought by global legal information company, Thomson Reuters. ROSS’s petition for review was granted by the Third Circuit in June.

When faced with an employee who allegedly accesses a work computer to misappropriate trade secrets, many employers have turned to the Computer Fraud and Abuse Act (CFAA) and the Defend Trade Secrets Act (DTSA) as potential causes of action against the former employee. However, the Third Circuit’s recent decision in NRA Group, LLC v. Durenleau, 2025 WL 2449054 (3d Cir. Aug. 16, 2025), has set further limits on the application of both statutes in this common scenario, holding that violating an employer’s computer-use policy does not constitute a violation of the CFAA and that passwords are not considered trade secrets because they lack independent economic value.

On September 8, the U.S. Court of Appeals for the Ninth Circuit issued a much-awaited ruling reversing the trial court’s dismissal of trademark claims filed by Trader Joe’s against the labor union Trader Joe’s United. The grocery franchise specifically protested the union’s sale of tote bags and other merchandise bearing the name “Trader Joe’s United.”  According to Trader Joe’s, this was a commercial use that caused consumer confusion related to sales of goods, thus exceeding the permissible function of simply identifying the union as being Trader Joe’s-related. The lower court dismissed the claims, but the appellate court reversed, on the basis that the merit of the claims could not be decided at such an early stage.

U.S. Court of Appeals for the Federal Circuit (CAFC) Judge Pauline Newman has filed a petition for rehearing en banc with the U.S. Court of Appeals for the D.C. Circuit, which in August affirmed a district court’s dismissal of her case against CAFC Chief Judge Kimberly Moore for suspending her from judicial duties. Despite the loss, the D.C. Circuit’s opinion noted that “Judge Newman has posed important and serious questions about whether these Judicial Conduct and Disability Act proceedings comport with constitutional due process principles and whether her ongoing suspension comports with the structure of our Constitution.”

Following a split decision on September 10 that temporarily restored Register of Copyrights Shira Perlmutter to her role, the Trump Administration has filed a petition for rehearing with the U.S. Court of Appeals for the D.C. Circuit calling the court’s ruling an “extraordinary step”. The September 10 decision said that “the district court abused its discretion by failing to consider ‘unusual actions relating to the discharge itself’ and a ‘genuinely extraordinary situation’— factors that inform the irreparable-harm analysis and distinguish this case from other removal cases.”

The U.S. Court of Appeals for the District of Columbia Circuit ruled Wednesday that Register of Copyrights Shira Perlmutter can resume office while her lawsuit plays out, following President Donald Trump’s decision to remove her from her post. Circuit Judge Walker dissented.Perlmutter filed a complaint against Trump on May 22, calling his attempt to remove her “unlawful and ineffective.” Trump first fired Librarian of Congress Carla Hayden on May 9, two days before he fired Perlmutter, and named Deputy Attorney General at the U.S. Department of Justice, Todd Blanche, as acting Librarian of Congress.

The U.S. Court of Appeals for the Ninth Circuit on Monday reversed a district court decision in favor of the union that represents some Trader Joe’s employees, Trader Joe’s United (TJU), which the supermarket chain had accused of infringing its trademarks. The Ninth Circuit ruling also vacated the district court’s award for attorney’s fees for TJU and remanded the case for further proceedings.

Late last week, 18 amicus briefs were filed in Cox Communications, Inc. v. Sony Music Entertainment, the majority supporting the petitioners, Cox. The American Intellectual Property Law Association (AIPLA) was the only amicus to recommend affirmance of the U.S. Court of Appeals for the Fourth Circuit’s 2024 ruling in favor of Sony.

The U.S. Court of Appeals for the Third Circuit in a split decision today affirmed a district court ruling granting summary judgment to the U.S. government that the imposition of a Medicare Drug Price Negotiation Program via the Inflation Reduction Act (IRA) does not violate Bristol Myers Squibb (BMS) and Janssen Pharmaceuticals’ constitutional rights. Judge Hardiman dissented.