Court Week / Panel Activity

This week is Court Week at the Federal Circuit. In total, the court will convene 13 panels to consider 65 cases. Of these 65 cases, the court will hear oral arguments in 46. The Federal Circuit is providing access to live audio of these arguments via the Federal Circuit’s YouTube channel. This month, four cases scheduled for oral argument attracted amicus briefs. Here’s what you need to know about these four cases.

Backertop Licensing LLC v. Canary Connect, Inc.

As explained in our argument preview, in this case the Federal Circuit will review a determination by a judge in the District of Delaware that an out-of-state non-party was in contempt of court for disregarding an order requiring her to testify at a hearing. 

David L. Finger will argue for Backertop Licensing LLC and Lori LaPray.

David Maxwell will present arguments as a court appointed amicus curae counsel.

This argument is scheduled to take place on Monday, April 1, in Courtroom 201 at 10:00 AM Eastern.

Textron Aviation Defense LLC v. United States

As explained in our argument preview, in this government contract case, the Federal Circuit will review a judgment of the Court of Federal Claims, which granted the government’s motion to dismiss for failure to state a claim or in the alternative for summary judgment. 

William R. Peterson will argue for Appellant Textron Aviation Defense LLC.

Daniel B. Volk will argue on behalf of the United States.

This argument is scheduled to take place on Monday, April 1, in Courtroom 201 at 10:00 AM Eastern.

Amarin Pharmaceuticals, Inc. v. Hikma Pharmaceuticals USA Inc.

As explained in our argument preview, in this patent case Amarin appeals a district court’s grant of Hikma’s motion to dismiss inducement claims under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim.

Nathan K. Kelley will argue for Amarin Pharmaceuticals, Inc.

Charles V. Klein will argue for Hikma Pharmaceuticals USA Inc.

This argument is scheduled to take place on Tuesday, April 2, in Courtroom 201 at 10:00 AM Eastern.

Crocs, Inc. v. Effervescent, Inc.

As explained in our argument preview, in this case the Federal Circuit will review a determination by a judge in the District of Colorado to grant Crocs’ motion for summary judgment on a Lanham Act claim. 

Matt Berkowitz will argue for Double Diamon Distribution LTD, USA Dawgs Inc, and Mojave Desert Holdings LLC.

Michael A. Berta will argue for Crocs.

This argument is scheduled to take place on Wednesday, April 3, in Courtroom 203 at 10:00 AM Eastern.