This past Wednesday, the Supreme Court heard oral argument in Vidal v. Elster, a trademark case concerning the First Amendment. In this case, the Court is considering whether the U.S. Patent and Trademark Office’s “refusal to register a mark under Section 1052(c) [of the Lanham Act] violates the Free Speech Clause of the First Amendment when the mark contains criticism of a government official or public figure.” This is our argument recap.
Argument Recap – W. J. v. Secretary of Health and Human Services
Last week, the Federal Circuit heard oral argument in W.J. v. Department of Health and Human Services. In this case, the Federal Circuit is reviewing a judgment of the Court of Federal Claims upholding a special master’s decision to grant a motion to dismiss a petition for compensation under the National Vaccine Injury Compensation Program. Notably, in this pro se case, the Federal Circuit appointed amicus curiae to file a brief and argue on behalf of the appellant. The panel hearing the argument included Judges Lourie, Dyk, and Stark. This is our argument recap.
Argument Recap – Darby Development Co. v. United States
Last Thursday, the Federal Circuit heard oral argument in Darby Development Co. v. United States. In this case, the Federal Circuit is reviewing a decision by the Court of Federal Claims to grant the government’s motion to dismiss physical takings and illegal exaction claims. These claims relate to the Center for Disease Control’s eviction moratorium enacted during the onset of the COVID-19 pandemic. Judges Dyk, Prost, and Stoll heard the parties’ arguments. This is our argument recap.
Argument Recap – Sun Pharmaceutical Industries, Inc. v. Incyte Corporation
Earlier this month, the Federal Circuit heard oral argument in Sun Pharmaceutical Industries, Inc. v. Incyte Corporation. In this case, the Federal Circuit is reviewing a decision by the Patent Trial and Appeal Board that the inter partes review petitioner “has shown by a preponderance of the evidence that the challenged claims are unpatentable” as obvious. Notably, in this case, Sun Pharmaceutical Industries was substituted for Concert Pharmaceuticals as the appellant to reflect a recent merger. This is our argument recap.
Argument Recap – Besanceney v. Department of Homeland Security
Earlier this month, the Federal Circuit heard oral argument in Besanceney v. Department of Homeland Security. In this case, the Federal Circuit reviewed a finding by the Merit Systems Protection Board that disclosures made by Besanceney, a criminal investigator for the Transportation Security Administration, were not protected under the Whistleblower Protection Enhancement Act. Notably, this case was decided via a summary affirmance the day after oral argument was heard. This is our argument recap.
Argument Recap – In re Cellect, LLC (Cellect II)
Earlier this month, the Federal Circuit heard oral argument in In re Cellect, LLC (“Cellect II”). In this case, the Federal Circuit is reviewing a judgment of the Patent Trial and Appeal Board invalidating Cellect’s patents under the doctrine of obviousness-type double patenting. Judges Lourie, Dyk, and Reyna heard the oral argument. This is our argument recap.
Argument Recap – In re Cellect, LLC (Cellect I)
Earlier this month, the Federal Circuit heard oral argument in In re Cellect, LLC (“Cellect I”), a patent case. In this case, the Federal Circuit reviewed a judgment of the Patent Trial and Appeal Board finding patent claims unpatentable for obviousness-type double patenting. This is our argument recap.
Argument Recap – Teradata Corp. v. SAP SE
Earlier this month, the Federal Circuit heard oral argument in Teradata Corp. v. SAP SE, an antitrust case. In this case, the Federal Circuit is reviewing a district court’s grant of summary judgment dismissing tying and trade secret claims. This is our argument recap.
Argument Recap – DiMasi v. Secretary of Health and Human Services
Last week, the Federal Circuit heard oral argument in DiMasi v. Secretary of Health and Human Services, a vaccine case. In it, the Federal Circuit is reviewing a determination by the Court of Federal Claims that a “Special Master’s denial of relief from judgment was not an abuse of discretion.” Notably, after the pro se petitioner filed informal briefs, the court issued an order appointing two attorneys to serve jointly as amicus curiae in support of the pro se petitioner’s appeal and scheduled oral argument. Judges Moore, Prost, and Taranto heard the argument, and this is our argument recap.
Argument Recap – City of Wilmington v. United States
The Federal Circuit heard oral argument last month in City of Wilmington v. United States, a Clean Water Act case that attracted an amicus brief. In this case, the Federal Circuit is reviewing a determination by the Court of Federal Claims that the City of Wilmington was not entitled to recover “the payment of reasonable service charges” assessed for “the control and abatement of water pollution” and interest pursuant to 33 U.S.C. § 1323. This is our argument recap.