Argument Preview / Panel Activity

Argument Preview – Crocs, Inc. v. Effervescent, Inc.

As we’ve been highlighting, four cases being argued in April at the Federal Circuit attracted amicus briefs. One of these cases is Crocs, Inc. v. Effervescent, Inc. In this case, the Federal Circuit will review a determination by a judge in the District of Colorado to grant a motion for summary judgment dismissing a claim of false advertising under the Lanham Act. This is our argument preview.

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Argument Preview / Panel Activity

Argument Preview – Amarin Pharmaceuticals, Inc. v. Hikma Pharmaceuticals USA Inc.

As we have been reporting, four cases being argued in April at the Federal Circuit attracted amicus briefs. One of these cases is Amarin Pharmaceuticals, Inc. v. Hikma Pharmaceuticals USA Inc. In this patent case, the Federal Circuit will review a determination by a judge in the District of Delaware to grant Hikma’s motion to dismiss Amarin’s inducement claims under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim. This is our argument preview.

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Argument Preview / Panel Activity

Argument Preview – Textron Aviation Defense LLC v. United States

Four cases being argued in April at the Federal Circuit attracted amicus briefs. One of these cases is Textron Aviation Defense LLC v. United States. In it, the Federal Circuit will review a judgment by 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, in a government contract case. This is our argument preview.

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Argument Preview

Argument Preview – Backertop Licensing LLC v. Canary Connect Inc.

Four cases being argued in April at the Federal Circuit attracted amicus briefs. One of these cases is Backertop Licensing LLC v. Canary Connect Inc. In it, 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. This is our argument preview.

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Argument Preview / Supreme Court Activity

Argument Preview – Harrow v. Department of Defense

On Monday, March 25, the Supreme Court will hear oral argument in Harrow v. Department of Defense. In this case, the Court will review the Federal Circuit’s resolution of an appeal from a judgment of the Merit Systems Protection Board. In particular, the Supreme Court will consider whether the statutory deadline to file an appeal from the MSPB is jurisdictional. The statutory provision in question is 5 U.S.C. § 7703(b)(1)(A). This is our argument preview.

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Argument Preview

Argument Preview – Ireland v. United States

As we’ve been reporting, five cases being argued in March at the Federal Circuit attracted amicus briefs. One of these cases is Ireland v. United States. In it, 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. This is our argument preview.

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Argument Preview

Argument Preview – Lemon Bay Cove LLC v. United States

As we have been reporting, five cases being argued in March at the Federal Circuit attracted amicus briefs. One of these cases is Lemon Bay Cove LLC v. United States. In it, 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’s land. This is our argument preview.

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Argument Preview / Panel Activity

Argument Preview – Frantzis v. McDonough

As we reported yesterday, five cases being argued in March at the Federal Circuit attracted amicus briefs. One of these cases is Frantzis v. McDonough. In it, 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. This is our argument preview.

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Argument Preview

Argument Preview – Celanese International Corporation v. International Trade Commission

Five cases being argued in March at the Federal Circuit attracted amicus briefs. One of these cases is Celanese International Corporation v. International Trade Commission. In it, 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. This is our argument preview.

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Argument Preview

Argument Preview – Jones v. Merit Systems Protection Board

Two cases being argued this month at the Federal Circuit attracted amicus briefs. One of these cases is Jones v. Merit Systems Protection Board. In it, the Federal Circuit will review a judgment of the Merit Systems Protection Board. The Board found it lacked jurisdiction over an appeal because the appellant failed to prove he was an “employee” within the meaning of the Civil Service Reform Act of 1978. This is our argument preview.

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