As we have been reporting, four cases being argued at the Federal Circuit in November attracted amicus briefs. One is Arbutus Biopharma Corp. v. Moderna, Inc., a patent case that has attracted several amicus briefs. In this case, Moderna appeals a district court’s ruling that its COVID-19 vaccine production under a government contract was not protected by 28 U.S.C. § 1498(a) for doses that were not administrated directly to U.S. government employees. On appeal, Moderna presents questions concerning statutory interpretation and the scope of the government-use defense in patent infringement litigation. This is our argument preview.
Argument Preview – Vicor Corp. v. International Trade Commission
As we’ve been reporting, four cases being argued at the Federal Circuit in November attracted amicus briefs. One of these cases is Vicor Corp. v. International Trade Commission, a patent case. In this case, Vicor appeals a finding by the International Trade Commission that two manufacturing companies, respondents in the ITC investigation and intervenors in this appeal, obtained a license to Vicor’s patents, and thus were not subject to the limited exclusion order granted by the ITC. This case presents questions related to licenses and contract formation under the Uniform Commercial Code. This is our argument preview.
Argument Preview – In re Blaze Mobile, Inc.
As we have been reporting, four cases being argued at the Federal Circuit in November attracted amicus briefs. One of these cases is In re Blaze Mobile, Inc., a patent case. In this case, Blaze Mobile appeals a judgment of the Patent Trial and Appeal Board, which affirmed an examiner’s rejection of every claim of a patent during an ex parte reexamination. This case presents questions related to claim construction and non-obviousness. Notably, this case involves the same appellant and similar issues as the case we previewed yesterday, and this case will be argued immediately after that case. This is our argument preview.
Argument Preview – In re Blaze Mobile, Inc.
Four cases being argued at the Federal Circuit in November attracted amicus briefs. One of these cases is In re Blaze Mobile, Inc., a patent case. In this case, Blaze Mobile, Inc. appeals a judgment of the Patent Trial and Appeal Board affirming an examiner’s rejection of every claim in a patent during an ex parte reexamination. This case presents questions related to claim construction and non-obviousness. This is our argument preview.
Argument Preview – District of Columbia Water and Sewer Authority v. United States
One case being argued at the Federal Circuit in October attracted an amicus brief, District of Columbia Water and Sewer Authority v. United States. In this case, the United States appeals a decision of the Court of Federal Claims, which awarded the District of Columbia Water and Sewer Authority $633,150.90 for unpaid sewer charges. In the appeal, the United States presents questions related to statutory interpretation and contractual equitable defenses. This is our argument preview.
Argument Preview – Barron v. United States
As we reported Monday, two cases being argued at the Federal Circuit in September attracted amicus briefs. One of these cases is Barron v. United States. In it, 54 plaintiffs appeal dismissals by the Court of Federal Claims of their takings claims. The appeal present questions related to railroad easements and the interpretation of condemnation decrees and deeds under Florida law. This is our argument preview.
Argument Preview – Netlist, Inc. v. Samsung Electronics Co.
Two cases being argued at the Federal Circuit in September attracted amicus briefs. One of these cases is Netlist, Inc. v. Samsung Electronics Co., a patent case. In this case, Netlist appeals a judgment of the Patent Trial and Appeal Board in an inter partes review, which invalidated a claim of a Netlist patent. This is our argument preview.
Argument Preview – Loomis v. Collins
In one case being argued at the Federal Circuit in July the court appointed counsel as amicus curiae. This case is Loomis v. Collins, a pro se veterans case. In it, Loomis appeals a decision of the Court of Appeals for Veterans Claims. The case presents questions related to educational assistance benefits and the validity of a regulation issued by the Department of Veterans Affairs. This is our argument preview.
Argument Preview – In re Satius Holding, Inc.
One case being argued at the Federal Circuit in July attracted an amicus brief. This case is In re Satius Holding, Inc., a patent case. In it, Satius appeals a decision of the Patent Trial and Appeal Board in an ex parte reexamination. In the appeal, Satius presents questions related to claim construction and prosecution history disclaimer. This is our argument preview.
Argument Preview – OpenSky Industries, LLC v. VLSI Technology LLC
One case being argued at the Federal Circuit in June attracted amicus briefs. That case, OpenSky Industries, LLC v. VLSI Technology LLC, is a cross appeal from a judgment of the Patent Trial and Appeal Board in an inter partes review proceeding. Notably, this case is related to VLSI Technology LLC v. OpenSky Industries, LLC, which was argued in May. This is our argument preview.
