Last week the Federal Circuit heard oral arguments during its September sitting in Washington DC. Here is a short recap of Keith Manufacturing Co. v. Butterfield, one of the argued cases we’re following. The case stands out for two reasons: the appellant did not file any reply brief, and the appellee did not make any oral argument.
Court Week – What You Need to Know
This week the Federal Circuit will hold 11 panel hearings and hear oral arguments in about 41 cases. Notable cases include Sanofi-Aventis Deutschland v. Mylan Pharmaceuticals Inc., Fraunhofer-Gesellschaft v. Sirius XM Radio Inc., Intellectual Ventures I LLC v. EMC Corp., and Keith Manufacturing Co. v. Butterfield.
Argument Preview – Keith Manufacturing Co. v. Butterfield
One case being argued next week involves Keith Manufacturing Co. (“Keith”) and Larry Butterfield (“Butterfield”). This case presents the issue of whether a “stipulated dismissal with prejudice functions as a ‘judgment’ under Fed. R. Civ. P. 54(a), allowing the defendant to move for an award of attorney’s fees.”