This week is Court Week at the Federal Circuit. In total, the court will convene nine panels to consider 46 cases. Of these 46 cases, the court will hear oral arguments in 34. The Federal Circuit is providing access to live audio of these arguments via the Federal Circuit’s YouTube channel. This month, two cases attracted amicus briefs. Here’s what you need to know about these two cases.
As explained in our argument preview, in this case the Federal Circuit will review a judgment of the District of Delaware ruling on patent infringement and invalidity claims. The district court held that, if approved, Norwich’s Abbreviated New Drug Application would induce infringement of certain Salix patent claims (the “HE,” “IBS-D,” and “Polymorph” claims). Additionally, the court held that, while Salix’s HE claims are nonobvious and therefore not invalid, the asserted Polymorph and IBS-D claims are invalid as obvious. Both parties appealed the district court’s judgment.
William R. Peterson will argue for Salix Pharmacuiticals.
Chad A. Landmon will argue for Norwich Pharmaceuticals.
This argument is scheduled to take place today, Monday, January 8 in Courtroom 201 at 10:00 AM Eastern.
As discussed in our argument preview, in this case the Federal Circuit will review two judgments of the Patent Trial and Appeal Board in covered business method review proceedings. New Vision contends the overall structure for instituting and funding post-grant review proceedings under the America Invents Act “creates impermissible incentives for the PTAB, its leadership, and the individual administrative patent judges.” These incentives, New Vision argues, violate the Due Process Clause of the Constitution. New Vision also argues the “petitions should have been denied pursuant to the contractual obligation that all disputes over the [relevant] agreement are to be resolved in a Nevada court.”
Matthew J. Dowd will argue for New Vision.
Joshua M. Salzman will argue for the PTO as intervenor.
Gene W. Lee will argue for LNW Gaming.
This argument is scheduled to take place on Wednesday, January 10 in Courtroom 201 at 10:00 AM Eastern.