This week and next Monday the Federal Circuit will hold 17 panel hearings and hear oral arguments in about 47 cases. Notable cases include Evolved Wireless LLC v. ZTE (USA) Inc., In Re FCA US LLC, X2Y Attenuators, LLC v. Intel Corporation, Cardionet, LLC v. InfoBionic, Inc., and VirnetX Inc. v. Apple Inc.
Evolved Wireless LLC v. ZTE (USA) Inc.
As previewed on this blog, this patent case involves three questions, the last of which relates to the constitutionality of inter partes review proceedings. In particular, Evolved contends that “[t]he IPR procedure was unconstitutionally applied retroactively to take Evolved’s property without due process or just compensation in violation of the Fifth Amendment of the U.S. Constitution.” The case will be argued on Tuesday, October 1 at 10:00 A.M. at the Earle Cabell Federal Building and Courthouse in Dallas. Ryan M. Schultz will argue for Evolved Wireless, Charles M. McMahon will argue for ZTE, Juanita R. Brooks will argue for Apple and Microsoft, and Dennis Fan will argue for the United States.
In re FCA US LLC
Another appeal we previewed on this blog presents the question of whether the Trademark Trial and Appeal Board erred in holding a mark was likely to cause confusion given that in a separate proceeding a district court determined confusion was unlikely. This case will be argued on Tuesday, October 1 at 10:00 A.M. in Courtroom 402. William M. Bryner will argue for FCA US, while Christina J. Hieber will argue for the U.S. Patent and Trademark Office.
X2Y Attenuators, LLC v. Intel Corporation
As we previewed on this blog, X2Y will present arguments in this case related to whether the district court abused its discretion by dismissing two stayed cases for failure to prosecute when neither side was actively litigating the cases. The arguments will center around whether the district court properly applied six relevant factors. This case will be argued on Tuesday, October 1 at 2:00 P.M. at the SMU Dedman School of Law in Dallas. Jeff Eichmann will argue for X2Y Attenuators, while Michael J. Summersgill will argue for Intel.
Cardionet, LLC v. InfoBionic, Inc.
Another argument we previewed relates to a patent licensing dispute between Cardionet and InfoBionic. The court will apply the patent eligibility doctrine to a claim to a cardiac monitoring device, and in the procedural posture of an appeal of a grant of a motion to dismiss under Rule 12(b)(6). This case will be argued on Tuesday, October 1 at 10:00 A.M. in Courtroom 203. Ching-Lee Fukuda will argue for Cardionet, while Gabriel K. Bell will argue for InfoBionic.
VirnetX Inc. v. Apple Inc.
The last appeal we are watching this month, and that we analyzed on this blog, is the latest appeal in a patent case between VirnetX and Apple. This time Apple is appealing a jury verdict of $502 million for infringement. Apple raises several arguments, including one related to collateral estoppel between Patent Trial and Appeal Board and district court litigation. This case will be argued on Friday, October 4 at 10:00 A.M. in Courtroom 402. Jeffrey A. Lamken will argue for VirnetX, while William F. Lee will argue for Apple.