The Federal Circuit heard oral argument earlier this month in Solar Energy Industries Association v. United States, a trade case that attracted an amicus brief. In this case, the Federal Circuit is reviewing a determination by the by the Court of International Trade that the “President’s authority to modify a safeguard measure under 19 U.S.C. § 2254(b)(1)(B) is limited solely to ‘trade-liberalizing’ modifications, and that Proclamation 10101 thus went beyond the President’s statutory authority.” Judges Lourie, Taranto, and Stark heard the oral argument. This is our argument recap.
Argument Recap – Gorge Design Group LLC v. Xuansheng
The Federal Circuit heard oral argument earlier this month in Gorge Design Group LLC v. Xuansheng, a patent case that attracted an amicus brief. In this case, the Federal Circuit reviewed a determination by a district court that Gorge’s claims against NeoMagic were not frivolous and that NeoMagic was not entitled to its attorneys’ fees. Judges Taranto, Clevenger, and Hughes heard the oral argument. This is our argument recap.
Argument Recap – Amgen v. Sanofi
The Supreme Court heard oral argument this week in a patent case decided by the Federal Circuit, Amgen Inc. v. Sanofi, Aventisub LLC. In this case, the Court is considering “[w]hether enablement is governed by the statutory requirement that the specification teach those skilled in the art to ‘make and use’ the claimed invention, 35 U.S.C. § 112, or whether it must instead enable those skilled in the art ‘to reach the full scope of claimed embodiments’ without undue experimentation—i.e., to cumulatively identify and make all or nearly all embodiments of the invention without substantial ‘time and effort.’” This is our argument recap.
Argument Recap – FS.COM Inc. v. International Trade Commission
The Federal Circuit heard oral argument earlier this month in FS.COM Inc. v. International Trade Commission, a patent case that attracted an amicus brief. In this case, the Federal Circuit is reviewing a determination by the ITC that Panduit Corp. and The Siemon Company infringed certain patents and The Siemon Company and FS.com Inc. infringed one patent. The panel hearing the oral argument included Chief Judge Moore and Judges Prost and Hughes. This is our argument recap.
Argument Recap – Jazz Pharmaceuticals, Inc. v. Avadel CNS Pharmaceuticals LLC
In February, the Federal Circuit heard oral argument in Jazz Pharmaceuticals, Inc. v. Avadel CNS Pharmaceuticals LLC, a patent case that attracted an amicus brief. In this case, the Federal Circuit is reviewing a determination by a district court that Jazz must request the Food and Drug Administration remove (or “delist”) one of its patents from the FDA’s so-called Orange Book because that patent was improperly listed. The panel hearing the oral argument included Judges Lourie, Reyna, and Taranto. This is our argument recap.
Argument Recap – Realtime Data LLC v. Array Networks Inc.
In February, the Federal Circuit heard oral argument in Realtime Data LLC v. Array Networks Inc., a patent case. In this case, the Federal Circuit is reviewing a determination by a district court that Realtime’s patents are directed to an abstract idea and lack inventive concept and are thus invalid under 35 U.S.C. § 101. The panel hearing the oral argument included Judges Newman, Reyna, and Taranto. This is our argument recap.
Argument Recap – C.R. Bard, Inc. v. Medical Components, Inc.
On February 10, the Federal Circuit heard oral arguments in C.R. Bard, Inc. v. Medical Components, Inc., a patent case that includes both an appeal and a cross-appeal. In the appeal, the Federal Circuit is reviewing a determination by a district court that Bard’s patent claims are directed to patent-ineligible printed matter under 35 U.S.C. § 101 and, moreover, lack an inventive concept. With respect to the cross-appeal, the court will similarly consider whether MedComp’s patent claims are ineligible. The panel hearing the oral argument included Judges Chen, Wallach, and Hughes. This is our argument recap.
Argument Recap – Adams v. United States
Earlier this month, the Federal Circuit held an en banc session to hear oral argument in Adams v. United States. In this case, the court is considering whether on-the-job exposure to the recent novel coronavirus entitles federal correctional officers to additional pay pursuant to various federal statutes. This is our argument recap.
Argument Recap – Secretary of Defense v. Raytheon Co.
On November 1, the Federal Circuit heard oral argument in Secretary of Defense v. Raytheon Co., a government contract case that attracted an amicus brief. In this case, the government appeals a decision of the Armed Services Board of Contract Appeals relating to Raytheon’s compliance with Federal Acquisition Regulations regarding whether lobbying and acquisition and divesture costs may be passed on to the government. The panel hearing the oral argument included Chief Judge Moore and Judges Prost and Taranto. This is our argument recap.
Argument Recap – Ideker Farms v. United States
Last week, the Federal Circuit heard oral argument in Ideker Farms, Inc. v. United States, a case that concerns the federal government’s liability for taking private property. Specifically, in this case, the Federal Circuit is reviewing the conclusion of the Court of Federal Claims that the government’s action was the cause-in-fact of flooding damage and that, as a result, a taking-by-flooding occurred. The government appealed the CFC’s judgment, while Ideker Farms cross-appealed. The panel hearing the oral argument included Chief Judge Moore and Judges Prost and Taranto. This is our argument recap.