Last week, the Federal Circuit heard oral argument in Metropolitan Area EMS Authority v. Secretary of Veterans Affairs, a veterans case that attracted an amicus brief. In this case the Federal Circuit is reviewing a final rule passed by the Department of Veterans Affairs that would enable VA to pay the lesser of the actual charge or the Medicare fee schedule amount for non-contract ground transports. Judges Lourie, Stoll, and Stark heard the argument. This is our argument recap.
Argument Recap – Bureau National Interprofessionnel Du Cognac v. Cologne & Cognac Entertainment
Last week, the Federal Circuit heard oral argument in Bureau National Interprofessionnel Du Cognac v. Cologne & Cognac Entertainment, a trademark case that attracted an amicus brief. In this case, the Federal Circuit is reviewing a judgment of the Trademark Trial and Appeal Board. As explained by the appellants, Bureau National Interprofessionnel Du Cognac and Institut National Des Appellations D’Origine, “[i]n a two-to-one split decision, the Board held registrable a mark prominently incorporating without permission the certification mark COGNAC, holding that the mark (combining the phrase COLOGNE & COGNAC ENTERTAINMENT and a design featuring, inter alia, a bottle of COGNAC), if used for hip-hop music and production services, was not likely to cause confusion or dilution.” Judges Lourie, Clevenger, and Hughes heard the argument. This is our argument recap.
Argument Recap – Freund v. McDonough
Last week, the Federal Circuit heard oral argument in Freund v. McDonough, a veterans case that attracted an amicus brief. In this case, the Federal Circuit will review a judgment of the Court of Appeals for Veterans Claims, which dismissed the case as moot and denied Freund’s request for class certification. Judges Dyk, Hughes, and Stoll heard the argument. This is our argument recap.
Argument Recap – ACLR, LLC v. United States
Earlier this month, the Federal Circuit heard oral argument in ACLR, LLC v. United States, a government contract case that attracted an amicus brief. In this case, the Federal Circuit will review a judgment of the Court of Federal Claims, which granted the government’s motion for summary judgment. The panel included Judges Prost, Hughes, and Stark. This is our 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.
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.
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.
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.
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.
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.