Finally some news out of the U.S. Court of Appeals for the Federal Circuit regarding the Section 301 appeal! The oral argument in the case, HMTX Industries LLC v. US, has been scheduled for January 8, 2025, in Washington, D.C.
Although this is a good sign that the case is moving forward, final disposition of the case will most likely take another year or more for a couple of reasons. First, it is unlikely the Federal Circuit will issue its decision until several months (or more) after the oral argument. Furthermore, following the Federal Circuit’s decision, we anticipate there will be further appeal from the losing party. This could mean either a request for a rehearing in front of the Federal Circuit or a writ of certiorari to the Supreme Court. Under this scenario, the earliest we could expect a final decision would be a year from now, and it could very well take even longer.
We will continue to monitor the case and share an update as soon as one becomes available.