As we have been reporting, two panels of the Federal Circuit heard oral arguments last week in cases that attracted amicus briefs. In one of these cases, New Vision Gaming & Development, Inc. v. SG Gaming, Inc., the court is reviewing two decisions by the Patent Trial and Appeal Board in covered business method reviews and, in particular, arguments that structural bias within the U.S. Patent and Trademark Office in favor of challenges to patents amounts to a due process violation. Judges Moore, Taranto, and Newman heard the arguments. This is our argument recap.
Last week panels of the Federal Circuit heard oral arguments in two cases that attracted amicus briefs. In one, Lynch v. McDonough, Lynch asks the court to overrule Ortiz v. Principi, a case setting forth the burden of proof by which veterans must prove their claims. Chief Judge Prost and Circuit Judges Dyk and Clevenger heard the oral argument. This is our argument recap.
As we have been reporting, the Federal Circuit this month scheduled three oral arguments in cases that attracted amicus briefs. In one of these cases, Omni Medsci, Inc. v. Apple Inc., the court heard argument Thursday regarding two different district courts’ holdings with respect to an alleged standing problem related to the plaintiff, Omni Medsci. This is our argument recap.
As we previously reported, the Federal Circuit recently conducted a panel rehearing in GlaxoSmithKline LLC v. Teva Pharmaceuticals USA, Inc. In this case, Teva petitioned the en banc court to reconsider the panel’s decision that Teva induced infringement through use of a skinny label on its generic version of GlaxoSmithKline’s (GSK) drug Coreg. Teva pointed to Hatch-Waxman and asserted that Congress provided a statutory “carve-out” mechanism allowing a generic to adopt a skinny label for unpatented uses that cannot be blocked by a patent on one method of using the drug. The panel treated the motion as requesting panel rehearing and granted panel rehearing. This is our recap of the rehearing oral argument.
On Monday, March 1, 2021, the Supreme Court heard oral arguments in the closely-watched patent case, United States v. Arthrex. As we previewed a couple days prior to argument, two main issues were considered by the Court. First, for purposes of the Appointments Clause, whether administrative patent judges (APJs) of the Patent Trial and Appeal Board (PTAB) are principal or inferior officers. And second, if APJs are indeed principal officers, whether the Federal Circuit properly cured any Appointments Clause defect through the remedy it provided. Here are the details.
As we have been reporting, the Federal Circuit this month is hearing oral arguments in three cases that attracted amicus briefs. In a tax case, National Association of Manufacturers v. Department of the Treasury, the Federal Circuit heard argument Monday related to a decision by the U.S. Court of International Trade that regulations promulgated by the Department of Treasury to curtail “double drawback” (two tax refunds for the same exported merchandise) are invalid. This is our argument recap.
Yesterday, the Federal Circuit held an en banc session to hear oral argument in Arellano v. Tran. In this case, the court is considering the availability of equitable tolling in the context of a statutory provision addressing veterans who request disability benefits by filing an application within one year from the date of the their discharge or release. This is our argument recap.
As we have been reporting, last week the Federal Circuit heard oral argument in four cases that attracted amicus briefs. In one of the patent cases, MLC Intellectual Property LLC v. Micron Technology, Inc., the Federal Circuit reviewed a district court’s rulings related to damages law and expert testimony. This is our argument recap.
Last week the Federal Circuit heard oral argument in four cases that attracted amicus briefs. In one of these cases, Modern Sportsman, LLC v. United States, former owners of bump-fire type rifle stocks assert the Bureau of Alcohol, Tobacco, Firearms and Explosives committed a taking under the Takings Clause of the Fifth Amendment. This is our argument recap.
Last week the Federal Circuit heard oral argument in four cases that attracted amicus briefs. One of them was a veterans case, Rudisill v. Wilkie. In this case, the Secretary of Veterans Affairs appealed a decision of the Court of Appeals for Veterans Claims, arguing it “misinterpreted the plain language of 38 U.S.C. §§ 3322 and 3327 in holding that the election provisions expressly contained therein [related to educational assistance benefits] do not apply to Mr. Rudisill because he had multiple periods of qualifying service.” This is our argument recap.