This Day in Legal History: Patent Office Opened
On this day in legal history, July 31, 1790, the United States issued its first patent under the newly created Patent Act of 1790. The inaugural patent was granted to Samuel Hopkins of Vermont for a process of making potash, an essential industrial chemical used in soap and fertilizer production. Signed by President George Washington, Secretary of State Thomas Jefferson, and Attorney General Edmund Randolph, this first patent reflected the constitutional mandate to “promote the progress of science and useful arts.”
The Patent Act established a system that allowed inventors to secure exclusive rights to their inventions for a limited time, fostering a culture of innovation. Unlike today’s process, early patents required a review by a board of Cabinet-level officials and carried no numbering system—Hopkins’ patent is only retroactively considered Patent No. 1.
This moment marked the beginning of formal intellectual property protection in the U.S., setting the foundation for one of the world’s most robust patent systems. The legal infrastructure created that year would evolve into the U.S. Patent and Trademark Office, playing a central role in industrial and technological development over the next two centuries. It was a clear sign of the young republic’s commitment to innovation through legal means.
A White House report released Wednesday by President Trump’s crypto working group calls for swift regulatory action on digital assets. The administration urged Congress to pass a comprehensive crypto bill, such as the Clarity Act, while advocating for key additions. These include allowing platforms to both trade and hold crypto, and tailoring disclosure requirements for crypto securities. The report also recommends giving the Commodity Futures Trading Commission (CFTC) authority over crypto spot markets and embracing decentralized finance technologies.
In addition to legislative suggestions, the White House wants the SEC and CFTC to act under their current powers to enable federal-level trading of digital assets. The report promotes using tools like safe harbors and regulatory sandboxes to accelerate access to new financial products, including tokenized assets like real estate and stocks. This approach reflects Trump's broader campaign promise to foster crypto innovation, in sharp contrast to the Biden administration's enforcement-heavy stance, which included lawsuits against major exchanges that have since been dropped.
Despite concerns over potential conflicts of interest—given Trump’s family’s crypto ventures and his personal stake in a crypto platform—the administration has denied any impropriety. The report’s findings could significantly shape the direction of ongoing legislative negotiations and regulatory frameworks.
White House in crypto policy report calls for SEC action, new legislation | Reuters
A proposed budget from the U.S. House of Representatives threatens major cuts to the federal public defense system, according to a July 25 memo from Judge Robert Conrad, director of the Administrative Office of the U.S. Courts. If enacted, the judiciary warns it may be forced to eliminate more than 600 positions in the Defender Services program or delay payments to court-appointed defense attorneys by over two months—potentially the longest such delay ever.
The $8.9 billion budget plan advanced by the House Appropriations Committee’s financial services subcommittee increases overall judiciary funding by 3.5%, but it still falls significantly short of what the courts requested. Specifically, the $1.57 billion allocated to Defender Services is $196 million less than needed, despite being an 8.2% increase from the previous year. This shortfall could impair the judiciary’s ability to meet its constitutional obligations under Gideon v. Wainwright, which requires that indigent criminal defendants receive legal representation.
The judiciary is also currently experiencing a funding gap that has already caused a three-month delay in payments to Criminal Justice Act (CJA) panel attorneys. Without additional funding, the delay could extend to 77 days next year, further weakening the public defense infrastructure. The judiciary has asked for $116 million in supplemental funding to stabilize the program.
The full House Appropriations Committee is not expected to take up the bill until September, and the Senate has not yet released its version.
US House budget threatens over 600 public defender jobs, judiciary warns | Reuters
Uber is facing a pivotal legal challenge in California state court over its responsibility to protect riders from sexual assault by its drivers. A hearing before Judge Ethan Schulman will determine whether hundreds of consolidated cases move forward as bellwether jury trials this fall. These cases center on whether Uber should be liable for assaults allegedly committed by drivers who, plaintiffs argue, exploited Uber’s lack of mandatory training, in-vehicle cameras, or stricter vetting.
Uber defends itself by claiming drivers are independent contractors and that criminal behavior is unforeseeable, not the company's legal responsibility. It points to safety measures like GPS tracking and background checks as fulfilling its obligations. However, plaintiffs argue that Uber promoted itself as a safe alternative for intoxicated riders and should be held to the higher duty of care expected of a “common carrier,” similar to taxi services.
A central legal issue is whether Uber's conduct constitutes misfeasance—actively creating risk—or nonfeasance—failing to prevent harm. Under California law, a company with a “special relationship” with its customers, like a common carrier, must exercise “utmost care.” A federal judge has already ruled that Uber qualifies as a common carrier in related litigation.
Uber’s broader legal strategy has included challenging consolidated suits through the Ninth Circuit and supporting a Nevada ballot measure to limit plaintiffs’ attorneys’ fees—both of which failed. Legal experts note Uber faces an uphill battle, as courts are increasingly viewing ride-hailing platforms as more than passive intermediaries.
Uber’s Legal Duty to Riders at Forefront of Mass Assault Cases
Eric Tung, President Trump’s nominee for the 9th U.S. Circuit Court of Appeals, defended controversial past remarks on gender roles during a Senate Judiciary Committee hearing on Wednesday. Democratic senators, particularly Alex Padilla and Dick Durbin, pressed Tung over statements he made as a Yale undergraduate in 2004, where he criticized radical feminists and asserted that gender roles support institutions like marriage. Padilla called the comments “reprehensible,” while Durbin challenged Tung’s recent views as expressed at a Federalist Society event, where Tung appeared to reject constitutional protections for abortion, same-sex marriage, and private sexual conduct.
Tung explained that his undergraduate comments were based on his belief at the time that men and women had complementary roles and that the family should be strengthened. He noted that his wife has had a distinguished professional and political career, arguing she excels in many areas. Though he affirmed that Obergefell v. Hodges, which legalized same-sex marriage, is binding precedent, he declined to discuss his personal views on gender roles, citing potential future cases.
Tung, a former clerk for Justices Scalia and Gorsuch and a partner at Jones Day, emphasized his originalist and textualist judicial philosophy. Despite strong backing from Republicans on the panel, Democrats criticized his ideological leanings and questioned his fitness for a lifetime appointment to the influential appellate court.
Trump appellate court nominee defends comments on 'gender roles' | Reuters
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