Argument Recap

Argument Recap – Regents of the University of California v. Broad Institute, Inc.

Earlier this month, the Federal Circuit heard oral argument in Regents of the University of California v. Broad Institute, Inc., a patent case that attracted an amicus brief. In this case, the Federal Circuit is reviewing a judgment of the Patent Trial and Appeal Board in an interference proceeding concerning competing patent applications related to using the CRISPR-Cas9 gene-editing system in eukaryotic (e.g., plant or animal) cells. Judges Reyna, Hughes, and Cunningham heard the argument. This is our argument recap.

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Argument Recap

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

As we have been reporting, earlier this month the Federal Circuit heard oral argument in four cases that attracted amicus briefs. One of those cases is Crocs, Inc. v. Effervescent, Inc., in which the Federal Circuit is reviewing a determination by a judge in the District of Colorado to grant Crocs’ motion for summary judgment on a Lanham Act claim. This is our argument recap.

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Argument Recap

Argument Recap – Amarin Pharma, Inc. v. Hikma Pharmaceuticals USA Inc.

This month, the Federal Circuit heard oral argument in Amarin Pharma, Inc. v. Hikma Pharmaceuticals USA Inc., a case that attracted an amicus brief. In this case, the Federal Circuit is reviewing a district court’s grant of a motion to dismiss inducement claims under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim. This is our argument recap.

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Argument Recap

Argument Recap – Textron Aviation Defense LLC v. United States

This month, the Federal Circuit heard oral argument in four cases that attracted amicus briefs. One was Textron Aviation Defense LLC v. United States. In this case, the Federal Circuit is reviewing a judgment of 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. Judges Prost, Clevenger, and Cunningham heard the argument. This is our argument recap.

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Argument Recap

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

Four cases argued this month attracted amicus briefs. One was Backertop Licensing LLC v. Canary Connect Inc. In it, the Federal Circuit is reviewing a determination by 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. Judges Prost, Hughes, and Stoll heard the argument. This is our argument recap.

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Argument Recap / Supreme Court Activity

Argument Recap – Harrow v. Department of Defense

This past Monday, the Supreme Court heard oral argument in Harrow v. Department of Defense. In this case, the Court is reviewing the Federal Circuit’s dismissal 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. This is our argument recap. 

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Argument Recap

Argument Recap – Lemon Bay Cove LLC v. United States

Earlier this month, the Federal Circuit heard oral argument in Lemon Bay Cove LLC v. United States, a takings case that attracted an amicus brief. In this case, the Federal Circuit is reviewing 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. Judges Reyna, Mayer, and Cunningham heard the argument. This is our argument recap.

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Argument Recap

Argument Recap – Celanese International Corporation v. International Trade Commission

Earlier this month, the Federal Circuit heard oral argument in Celanese International Corporation v. International Trade Commission. This is a patent case that attracted an amicus brief in support of reversal. In the appeal, the Federal Circuit is reviewing 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. Judges Reyna, Mayer, and Cunningham heard the argument. This is our argument recap.

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Argument Recap

Argument Recap – Ireland v. United States

Earlier this month, the Federal Circuit heard oral argument in Ireland v. United States, a case that attracted an amicus brief. In this case, the Federal Circuit is reviewing 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. Judges Lourie, Linn, and Stoll heard the argument. This is our argument recap.

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Argument Recap

Argument Recap – Jones v. Merit Systems Protection Board

Earlier this month, the Federal Circuit heard oral argument in Jones v. Merit Systems Protection Board. We’ve been following because this case because it attracted an amicus brief. In this case, the Federal Circuit is reviewing 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. Judges Lourie, Bryson, and Stark heard the argument. This is our argument recap.

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