Five cases being argued at the Federal Circuit in November attracted amicus briefs. Two of these cases will be argued together, and both are styled In re United States. In the first case, the United States on behalf of the International Trade Commission appeals a judgment of the Court of International Trade. The United States argues the CIT abused its discretion in denying a joint motion to redact business proprietary information submitted to the Commission under a promise of confidentiality. This is our argument preview.
Argument Preview – Arendi S.A.R.L. v. Oath Holdings Inc.
Five cases being argued in November at the Federal Circuit attracted amicus briefs. One of those cases is Arendi S.A.R.L. v. Oath Holdings Inc., a patent case. In this case, Arendi appeals a judgment of a district court, raising questions concerning patent eligibility, claim construction, indefiniteness, and infringement. This is our argument preview.
Argument Preview – C.R. Bard, Inc. v. AngioDynamics, Inc.
As we have been reporting this week, four cases being argued at the Federal Circuit this month attracted amicus briefs. One of these cases is C.R. Bard, Inc. v. AngioDynamics, Inc., a patent case. C.R. Bard, Inc. and Bard Peripheral Vascular, Inc. appeal numerous rulings by a district court, including rulings concerning patent eligibility, definiteness, and anticipation. This is our argument preview.
Argument Preview – Entropic Communications, LLC v. Charter Communications, Inc.
As we have been reporting, four cases being argued at the Federal Circuit this month attracted amicus briefs. One of these cases is Entropic Communications, LLC v. Charter Communications, Inc. In this patent case, the Electronic Frontier Foundation challenges the district court’s denial of its motion to intervene and unseal judicial records. This is our argument preview.
Argument Preview – REGENXBIO Inc. v. Sarepta Therapeutics, Inc.
As we reported yesterday, four cases being argued at the Federal Circuit in October attracted amicus briefs. One of these cases is REGENXBIO Inc. v. Sarepta Therapeutics, Inc. In this patent case, REGENXBIO Inc. and the Trustees of The University of Pennsylvania appeal a district court’s grant of summary judgment of ineligibility. This is our argument preview.
Argument Preview – Arlton v. Aerovironment, Inc.
Four cases being argued at the Federal Circuit in October attracted amicus briefs. One of these cases is Arlton v. AeroVironment, Inc. In this patent case, Paul and David Arlton seek reversal of a district court’s summary judgment ruling “that Plaintiffs’ claim for patent infringement is barred by [28 U.S.C.] § 1498,” as well as reversal of a denial of their motion for leave to file a first amended complaint. This is our argument preview.
Argument Preview – Lesko v. United States
Only one case scheduled for oral argument in September attracted an amicus brief. That case is an employment law case, Lesko v United States. It raises questions concerning how “officially ordered or approved” in 5 U.S.C. § 5542(a) should be interpreted after Loper Bright Enterprises v. Raimondo, and ultimately whether the Office of Personnel Management is authorized to adopt a requirement that any overtime pay be authorized in writing. After a panel of the court heard oral argument, the court voted sua sponte for en banc consideration. This is our argument preview.
Argument Preview – Director of the Office of Personnel Management v. Moulton
There is one case being argued in August at the Federal Circuit that attracted an amicus brief. The case, Director of the Office of Personnel Management v. Moulton, relates to the apportionment of federal employee retirement annuity supplements pursuant to court orders, for example as a result of divorce decrees. The Director of the Office of Personnel Management asks the court to review whether the Merit Systems Protection Board “misinterpreted 5 U.S.C. § 8421(c) by concluding that OPM cannot divide the annuity supplement at all, unless the division of the annuity supplement is expressly provided for in a court order.” This is our argument preview.
Argument Preview – V.O.S. Selections, Inc. v. Trump
This Thursday the Federal Circuit will hear oral argument in V.O.S. Selections, Inc. v. Trump, a case involving challenges to the legality of President Trump’s tariffs under the International Emergency Economic Powers Act. We have been monitoring it both because it is being considered en banc and because it attracted numerous amicus briefs. This is our argument preview.
Argument Preview – Google LLC v. Sonos, Inc.
As we noted earlier this week, two cases being argued in July at the Federal Circuit attracted amicus briefs. The second of those cases is Google LLC v. Sonos, Inc., a patent case. In this case, Sonos appeals a judgment of a district court, raising questions concerning prosecution laches, written description and priority dates, and summary judgment of invalidity. This is our argument preview.
