FedCircuitBlog

Last week, the Federal Circuit heard oral argument in OpenSky Industries, LLC v. VLSI Technology LLC, a patent case we have been tracking because it attracted an amicus brief. In this case, OpenSky cross appeals to challenge sanctions issued by the Director of the Patent and Trademark Office as part of an inter partes review proceeding before the Patent Trial and Appeal Board. Notably, this case is related to VLSI Technology LLC v. OpenSky Industries, LLC, which was argued in May. Judges Dyk, Linn, and Reyna heard the oral argument last week. This is our argument recap.

Last month, the Federal Circuit heard oral argument in Wyeth LLC v. AstraZeneca Pharmaceuticals LP, a patent case we have been tracking because it attracted an amicus brief. In this case, Wyeth appeals a lower court’s grant of judgment as a matter of law of invalidity. The case presents questions related to claim construction as well as whether pre-issuance provisional rights under the Patent Act extend to induced infringement. Judges Lourie, Linn, and Hughes heard the oral argument. This is our argument recap.

Last month, the Federal Circuit heard oral argument in VLSI Technology LLC v. OpenSky Industries, LLC, a patent case we have been tracking because it attracted an amicus brief. In this case, VLSI appeals a judgment of the Patent Trial and Appeal Board in an inter partes review proceeding. Notably, a related cross-appeal, OpenSky Industries, LLC v. VLSI Technology LLC, was argued separately this month. Judges Dyk, Linn, and Reyna heard the oral argument. This is our argument recap.

Late last month, the Supreme Court heard oral argument in Hikma Pharmaceuticals USA Inc. v. Amarin Pharma, Inc., a case originally decided by the Federal Circuit. The Supreme Court granted review to consider the following two questions:

1. “When a generic drug label fully carves out a patented use, are allegations that the generic drugmaker calls its product a ‘generic version’ and cites public information about the branded drug (e.g., sales) enough to plead induced infringement of the patented use?”
2. “Does a complaint state a claim for induced infringement of a patented method if it does not allege any instruction or other statement by the defendant that encourages, or even mentions, the patented use?”

This is our argument recap.

Last week, the Federal Circuit heard oral argument in A.L.M. Holding Co. v. Zydex Industries Private Ltd., a patent case we have been tracking because it attracted an amicus brief. In this case, A.L.M. Holding appeals a district court’s conclusion that it lacked Article III standing. Judges Chen, Stark, and Cunningham heard the oral argument. This is our argument recap.

Last week the Federal Circuit heard oral argument in Ollnova Technologies Ltd. v. Ecobee Technologies ULC, a patent case we have been following because it attracted an amicus brief. In this case, the patent owner, Ollnova, appeals a denial of requested prejudgment interest, and the accused infringer, Ecobee, cross-appeals the lower court’s decisions on jury instructions and multiple issues including eligibility, infringement, damages, and marking. Judges Chen, Stark, and Cunningham heard the oral argument. This is our argument recap.

Last week, the Federal Circuit court heard oral argument in Jacki Easlick, LLC v. AccEncyc US, a design patent case we have been tracking because it attracted an amicus brief. In this case, Jacki Easlick, LLC and JE Corporate, LLC appeal a district court’s denial of a motion for a preliminary injunction. Judges Dyk, Schall, and Prost heard the oral argument. This is our argument recap.

Earlier this week, the Federal Circuit court heard oral argument in Titanium, LLC v. Zspec Design LLC, a trademark case we have been following because it attracted an amicus brief. In this case, Titanium appeals a denial by the Trademark Trial and Appeal Board of its petition to cancel Zspec Design’s trademark registration. Chief Judge Moore and Judges Cunningham and Stark heard the oral argument. This is our argument recap.

Last week the Federal Circuit heard oral argument in Christensen v. United States, a second tax case from March’s argument week that we have been following because it attracted an amicus brief. In this case, the United States is appealing a decision of the Court of Federal Claims allowing two American citizens residing in France to claim a foreign tax credit. Judges Chen, Hughes, and Stark heard the oral argument. This is our argument recap.

Last week the Federal Circuit heard oral argument in Bruyea v. United States, a tax case we have been following because it attracted an amicus brief. In this case, the United States is appealing a decision of the Court of Federal Claims allowing American citizens residing in Canada to claim a foreign tax credit. Judges Chen, Hughes, and Stark heard the oral argument. This is our argument recap.