This week is Court Week at the Federal Circuit. The court will convene 13 panels to consider 62 cases. Of the 62 cases, the court will hear oral argument in 45 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. One of these cases will be presented to the en banc court after the court granted en banc rehearing. Here’s what you need to know about these three cases that attracted amicus briefs.
Stupp Corporation v. United States
As explained in our argument preview, in this case the Federal Circuit will review a judgment of the Court of International Trade, which sustained the Department of Commerce’s finding upholding the application of a particular test in the differential pricing analysis to calculate antidumping margins.
Jeffrey M. Winton will argue for SeAH Steel Corporation.
Jeffrey D. Gerrish will argue for Welspun Tubular.
Robert Kiepura will argue for the United States.
The argument is scheduled to be heard on Wednesday, March 5 at 10:00 AM in Courtroom 203.
Curtin v. United Trademark Holdings, Inc.
As reported in our argument preview, in this case the Federal Circuit will review a judgment of the Trademark Trial and Appeal Board, which concluded that Rebecca Curtin is not entitled to oppose UTH’s application to register the mark RAPUNZEL under a test known as the zone of interests framework.
Ryan C. Morris will argue for Curtin.
Erik M. Pelton will argue for United Trademark Holdings, Inc.
Sarah E. Craven will argue for the Patent and Trademark Office.
The argument is scheduled to be heard on Wednesday, March 5 at 10:00 AM in Courtroom 201.
EcoFactor, Inc. v. Google LLC
In this case the Federal Circuit will review a judgment of the Western District of Texas and determine whether a patentee’s reliance on supposedly comparable licenses result in an artificially inflated damages award. Given that the en banc court will hear the oral argument next week, we will post our argument preview later this week.
Ginger Anders will argue for Google.
Brian D. Ledahl will argue for EcoFactor.
The argument is scheduled to be heard on Thursday, March 13 at 10:00 AM in Courtroom 201.