Earlier this month, the Federal Circuit heard oral argument in Bee v. United States, a case we have been following because it attracted two amicus briefs. In this case, William Bee appeals the denial of his request to have his military records reflect medical retirement rather than voluntary separation. Judges Reyna, Clevenger, and Chen heard the oral argument. This is our argument recap.
Argument Recap – Ligado Networks LLC v. United States
Earlier this month, the Federal Circuit Court heard oral argument in Ligado Networks LLC v. United States, a takings case we have been following because it attracted two amicus briefs. In this case, the United States appeals a decision of the Court of Federal Claims, arguing it erred by exercising jurisdiction over the case and treating a license from the Federal Communications Commission as property under the takings clause. Chief Judge Moore, Judge Taranto, and Judge Stoll heard the oral argument. This is our argument recap.
Argument Recap – Dougherty Electric, Inc. v. United States
Earlier this month, the Federal Circuit heard oral argument in a tax case, Dougherty Electric, Inc. v. United States. In this case, Dougherty Electric appeals a dismissal by the Court of Federal Claims of a refund suit for lack of subject matter jurisdiction. Judges Lourie, Prost, and Taranto heard the oral argument. This is our argument recap.
Argument Recap – Apple Inc. v. Squires
Last week, the Federal Circuit Court heard oral argument in Apple Inc. v. Squires, a case we have been watching because it attracted four amicus briefs. In it, Apple Inc., Cisco Systems, Inc., Google LLC, and Intel Corp. appeal a district court’s determination that the adoption of a precedential framework by the Patent and Trademark Office to govern whether the Patent Trial and Appeal Board will institute inter partes review when parallel district court litigation exists did not require notice-and-comment rulemaking under the Administrative Procedure Act. Judges Lourie, Taranto, and Chen heard the oral argument. This is our argument recap.
Argument Recap – Arendi S.A.R.L. v. Oath Holdings Inc.
Earlier this month, the Federal Circuit heard oral argument in Arendi S.A.R.L. v. Oath Holdings Inc., a patent case we have been following because it attracted an amicus brief. In it, Arendi appeals a judgment of a district court, raising questions concerning patent eligibility, claim construction, indefiniteness, and infringement. Judges Dyk, Linn, and Hughes heard the oral argument. This is our argument recap.
Argument Recap – Micron Technology, Inc. v. Longhorn IP, LLC
Earlier this month, the Court heard oral argument in a patent case we have been following because it attracted three amicus briefs. The case, Micron Technology, Inc. v. Longhorn IP, LLC, raises questions relating to Idaho’s Bad Faith Assertions of Patent Infringement Act. Katana, the patent owner, sued Micron for infringement in federal district court. Longhorn, its licensing affiliate, was then sued by Micron in Idaho state court under the Act. Longhorn and Katana now appeal the district court’s order requiring an $8 million bond as a precondition to Katana pursuing its patent infringement claims. This is our argument recap.
Argument Recap – Crocs, Inc. v. International Trade Commission
Earlier this month, the Federal Circuit Court heard oral argument in Crocs, Inc. v. International Trade Commission, a trademark case we have been watching because it attracted an amicus brief. In this case, Crocs appeals the International Trade Commission’s denial of a general exclusion order. This is our argument recap.
Argument Recap – Trump v. V.O.S. Selections, Inc
Earlier this month, the Supreme Court heard oral argument in Trump v. V.O.S. Selections, Inc, a case originally decided by the Federal Circuit. The Court granted review to consider whether the International Emergency Economic Powers Act authorizes President Trump to impose tariffs for national emergencies. The Court also granted review to consider, even if IEEPA authorizes the tariffs, whether the Act unconstitutionally delegates legislative authority to the President. This is our argument recap.
Argument Recap – In re United States
Last week, the Federal Circuit heard oral argument in two consolidated cases 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, arguing it abused its discretion in denying the parties’ joint motion to redact information submitted to the Commission. In the second case, the International Trade Commission petitions the Federal Circuit to issue a writ of mandamus ordering the Court of International Trade to retain the Commission’s designation of information as business proprietary information. Judges Dyk, Taranto, and Chen heard the argument. This is our argument recap.
Argument Recap – Entropic Communications, LLC v. Charter Communications, Inc.
This month, the Federal Circuit heard oral argument in a case we have been following because it attracted three amicus briefs. In the case, Entropic Communications, LLC v. Charter Communications, Inc., a panel consisting of Judges Lourie, Bryson, and Chen heard the Electronic Frontier Foundation’s challenge to a district court’s denial of its motion to intervene and unseal judicial records. This is our argument recap.