This month the Federal Circuit scheduled oral argument in one case that attracted an amicus brief, Amgen Inc. v. Watson Laboratories, Inc. As we noted in our argument preview, Amgen, a patent owner, asked the Federal Circuit to force a district court to vacate its judgment of non-infringement in favor of a consent judgment of infringement. The Federal Circuit, however, never heard oral argument. This is our update in place of our normal argument recap.
The day before oral argument was scheduled to be held, the parties jointly moved to voluntarily dismiss the appeal pursuant to Federal Rule of Appellate Procedure 42(b), with each side bearing its own costs and fees. On the day argument was scheduled, the courtroom deputy informed counsel that the panel (Judges Newman, Lourie, and O’Malley) had decided not to hear oral argument in the case. Later that day, the court filed an order granting the joint motion to voluntarily dismiss.