This week is Court Week at the Federal Circuit. The court will convene 15 panels to consider 71 cases. Of the 71 cases, the court will hear oral argument in 56 cases. The Federal Circuit provides access to live audio of these arguments via the Federal Circuit’s YouTube channel. This month, three cases scheduled for oral argument attracted amicus briefs. Here’s what you need to know about these three cases.
Hawaiian Dredging Construction Co. v. United States
As explained in our argument preview, in this case the Federal Circuit will review a dismissal of a government contractor’s complaint seeking damages based on alleged government-caused delays in the contractor’s fulfillment of its contractual obligations.
Michael Zisa will argue for Hawaiian Dredging Construction Co.
Russell Upton will argue for the United States.
This argument is scheduled to be heard on Monday, February 3 at 10:00 AM in Courtroom 203.
Merck Sharp & Dohme B.V. v. Aurobindo Pharma USA, Inc.
As discussed in our argument preview, in this case the Federal Circuit will review a district court’s determination that, when calculating a patent term extension for a reissued patent, the U.S. Patent and Trademark Office is statutorily required to base its calculation on the original patent’s issue date and not its reissue date.
David M. Krinsky will argue for Merck Sharp & Dohme.
Eric Werlinger will argue for Aurobindo Pharma USA.
Notably, last week the panel invited the USPTO to present an oral argument in the case, and Maureen D. Queler will argue for the USPTO.
The argument is scheduled to be heard on Tuesday, February 4 at 10:00 AM in Courtroom 203.
Farrington v. Department of Transportation
As reported in our argument preview, Farrington challenges the Merit Systems Protection Board’s determination that she was not protected under the Whistleblower Protection Enhancement Act.
Thad M. Guyer will argue for Farrington.
Amanda Tantum will argue for the Department of Transportation.
This argument is scheduled to be heard on Wednesday, February 5 at 10:00 AM in Courtroom 201.