This week the Federal Circuit will convene ten panels to consider about 50 cases. This month, like last month, the court will hear all of its oral arguments telephonically given the coronavirus pandemic. Moreover, the court will hear fewer oral arguments than normal, with only about 18 cases being argued this month. Of the argued cases, only one case attracted an amicus brief.
As discussed in our argument preview, this is an appeal from a judgment of non-infringement in a patent case. On appeal, Amgen, the patent owner, asks the Federal Circuit to force the district court to vacate its judgment in favor of a consent judgment of infringement. In particular, Amgen argues that that “both parties jointly moved for vacatur and entry of the consent judgement” and “that vacatur is appropriate when the party that won below acknowledges that it should not have won.”
Cipla Limited and Cipla USA filed an amicus brief in support of the defendants, Watson Laboratories and Actavis Pharma. Cipla argues that the Federal Circuit “lacks jurisdiction to decide . . . these issues by reason of a binding, in-force settlement agreement between Amgen and Teva” and, therefore, the appeal should be dismissed.
Bradford J. Badke will argue for Amgen.
George C. Lombardi will argue for Watson Laboratories.
This argument will take place on Thursday, July 9, 2020, 10:00 A.M.