This week is Court Week at the Federal Circuit. In total, the court will convene 14 panels to consider 64 cases. Of these 64 cases, the court will hear oral arguments in 50. The Federal Circuit is providing access to live audio of these arguments via the Federal Circuit’s YouTube channel. This month, five cases scheduled for oral argument attracted amicus briefs. Here’s what you need to know about these five cases.
Celanese International Corp. v. International Trade Commission
As explained in our argument preview, in this case, the Federal Circuit will review a determination by the International Trade Commission that, under the post-America Invents Act on-sale bar provision, the sale of products made by a secret process invalidates a subsequently filed patent application on that process.
Deanne E. Maynard will argue for the appellants, Celanese International Corporation, Celanese (Malta) Company 2 Limited, and Celanese Sales U.S. Ltd.
Nicole A. Saharsky will argue for the intervenors, Anhui Jinhe Industrial Co. and Jinhe USA LLC.
Benjamin S. Richards will argue for the International Trade Commission.
This argument is scheduled to take place on Monday, March 4, in Courtroom 203 at 10:00 AM Eastern.
Frantzis v. McDonough
As explained in our argument preview, in this case, the Federal Circuit will review a determination by the Court of Veteran Claims that, under the Veterans Appeals Improvement and Modernization Act, a claimant is not entitled to an opportunity for a Board hearing before the Board member who ultimately decides the administrative appeal.
Robert C. Brown, Jr. will argue for Louis R. Frantzis.
Mark R. Lippman will argue on behalf of the Vietnam Veterans of America.
Borislav Kushnir will argue for Denis McDonough, the Secretary of Veterans Affairs.
This argument is scheduled to take place on Tuesday, March 5, in Courtroom 402 at 10:00 AM Eastern.
Lemon Bay Cove LLC v. United States
As explained in our argument preview, in this case, the Federal Circuit will review a judgment of the Court of Federal Claims, which held that the denial of a wetland permit by the United States Army Corps of Engineers was not a categorical taking or regulatory taking of Lemon Bay Cove LLC’s land.
David Smolker will argue for Lemon Bay Cove LLC.
Andrew M. Bernie will argue for the United States.
This argument is scheduled to take place on Tuesday, March 5, in Courtroom 402 at 10:00 AM Eastern.
Ireland v. United States
As explained in our argument preview, in this case, the Federal Circuit will review a decision by the Western District of Texas to grant a motion to dismiss for failure to state a claim in an unemployment benefits case under the Little Tucker Act.
Charlotte H. Schwartz will argue for Ireland .
Steven A. Myers will argue for the United States.
This argument is scheduled to take place on Friday, March 8, in Courtroom 201 at 10:00 AM Eastern.
Jones v. Merit Systems Protection Board
As explained in our argument preview, in this case the Federal Circuit will review a decision by the Merit Systems Protection Board finding it lacked jurisdiction over Jones’s appeal because he failed to prove he was an “employee” within the meaning of the Civil Service Reform Act of 1978.
Stephen B. Pershing will argue for Jones.
Elizabeth W. Fletcher will argue for the Merit Systems Protection Board.
This argument is scheduled to take place on Thursday, March 14, in Courtroom 201 at 10:00 AM Eastern.