Oral Argument

News & Analysis as of

The U.S. Supreme Court Hears Oral Argument in Much Anticipated Patent Exhaustion Case

On Tuesday, the U.S. Supreme Court heard oral argument in the highly anticipated case regarding the patent exhaustion doctrine, Lexmark Int’l, Inc. v. Impression Prods., Inc., No. 15-1189...more

Are Longer-Pending Cases More Likely to Be Affirmances in the Civil Docket? (Part 2: 2008-2016)

Last week, we demonstrated that the time from grant to oral argument and argument to decision was longer between 2000 and 2007 for affirmances than it was for reversals, both in civil and criminal cases. This week, we look...more

How Long Do Criminal Cases at the Illinois Supreme Court Remain Pending?

Yesterday, we began our review of lag times at the Illinois Supreme Court with a review of the Court’s civil cases from 2010 to 2016. Today, we turn our attention to the Court’s criminal cases. We have grant-to-oral...more

Practice Tips Learned From the Inaugural PTAB Bar Association Conference

The newly formed PTAB Bar association held its inaugural conference in Washington, D.C. from March 1-3. More than 400 people were in attendance, including a mix of practitioners, in-house counsel, PTAB administrative law...more

How Long Do Civil Cases at the Illinois Supreme Court Remain Pending?

For the next couple of weeks, we’ll be taking a brief time off from our look at the Court’s oral arguments in order to look at an issue we’re studying over on California Supreme Court Review – what can be inferred from the...more

Are Longer-Pending Cases More Likely to be Affirmances in Criminal Cases? (Part 1 – 2000-2007)

On March 16, 2017, we showed that between 2000 and 2007, affirmances took somewhat longer in civil cases than reversals did. Today, we address the Court’s criminal cases for the same years. We report the data for lag...more

Are Longer-Pending Cases More Likely to be Affirmances in Civil Cases? (Part 1 – 2000-2007)

For the past two weeks, we’ve been reviewing the average time civil and criminal cases have remained pending from grant of review to argument to decision. This week and next, we’ll be addressing whether there is any...more

Does a More Active Bench Indicate That the Court Will Reverse in Criminal Cases?

On March 14, 2017, we established that all things being equal, the Illinois Supreme Court has tended to ask somewhat more questions in civil cases where they reverse than in cases where they affirm. Today, we address the...more

Does a More Active Bench Indicate That the Court Will Reverse in Civil Cases?

For the past few weeks, we’ve been studying the Illinois Supreme Court’s oral arguments between 2008 and 2016. This week, we address a new question: is there a correlation between the result – reversal or affirmance – and...more

Does a Dissent at the Appellate Court Mean a More Active Bench at Oral Argument in Criminal Cases?

Last week, we determined that a dissent below, all things being equal, will lead to at least a slightly more active oral argument for appellees. The data for appellants is more variable – the averages are virtually...more

How Long Have Criminal Cases Lasted From Grant to Argument to Decision (Part 2 – 2008-2016)?

Yesterday, we analyzed the lag times – from grant of review to oral argument, and oral argument to decision – in the Court’s civil docket from 2008 to 2016. Today, we’ll address the data for the criminal docket. One...more

Oral Arguments Held in Browning-Ferris International v. NLRB

On Thursday, March 9, 2017, the U.S. Court of Appeals for the District of Columbia Circuit held long-awaited oral arguments in Browning-Ferris International v. NLRB. The case will be critical in defining joint employment...more

ITC Reschedules Oral Argument

As previously reported, the Commission recently granted U.S. Steel’s request for an oral hearing in Certain Carbon and Alloy Steel, Inv. No. 337-TA-1002. This was only the second oral argument granted in a Section 337 case in...more

ITC Grants Oral Argument

As we have previously reported, the Commission recently heard its first Section 337 oral argument in nearly ten years. Hot on the heels of that proceeding, the ITC has again granted an oral argument in a Section 337...more

Supreme Court Delays Oral Arguments Regarding Employment ‘Class Arbitration’ Waivers

UPDATE: On February 8, 2017, the Supreme Court announced that it would delay until its October 2017 term oral arguments in the consolidated cases concerning the enforceability of class arbitration waivers in employment...more

Oral Argument Tuesday, February 7th on Enforcement of President Trump’s January 27th Executive Order

On February 3, 2017, the United States District Court for the Western District of Washington issued a temporary restraining order, prohibiting the federal government from enforcing certain sections of President Trump’s...more

Lee v. Tam: Supreme Court Hears Oral Arguments On Lanham Act Section 2(a) Prohibition of Registration of Disparaging Marks

Earlier this month, the Supreme Court of the United States heard oral arguments in Lee v. Tam to examine the constitutionality of Section 2(a) of the Lanham Act, 15 U.S.C. § 1052(a). Section 2(a) prevents the registration of...more

Separate Property and Arizona Marital Community Equitable Lien Rights

In Weeks v Weeks, Division One of the Arizona Court of Appeals addressed the marital community’s equitable lien against separate property of one spouse. The opinion is a memorandum decision and it is therefore not...more

Janssen v. Celltrion: Court Denies Celltrion’s Summary Judgment Motion, Orders Further Briefing as to Hospira

This morning, in the district court action in Janssen v. Celltrion, Judge Wolf issued an oral order denying the defendants’ motion for partial summary judgment of non-infringement of U.S. Patent No. 7,598,083 (“the ’083...more

No Junior Associates, No Hearing: Supplementation Granted

Illumina, Inc. et al v. Qiagen N.V. et al, Case No. 16-02788 (Judge William Alsup) (November 29, 2016) - In an effort to promote judicial efficiency, it would seem that Courts should be more likely to allow a plaintiff...more

Fifth Circuit Court of Appeals Grants Department of Labor's Request for Expedited Briefing and Oral Argument Schedule

On December 8, the United States Court of Appeals for the Fifth Circuit granted the Department of Labor’s (“DOL”) motion for an expedited briefing and oral argument schedule in its appeal of the District Court’s grant of a...more

PTAB Holds Oral Hearings In Tecfidera Patent IPR and Interference

On November 30, 2016, the USPTO Patent Trial and Appeal Board (PTAB) held oral hearings in two different inter partes proceedings involving the Biogen Tecfidera® patent with the latest expiation date. First, it heard...more

It’s Game Time for Tribe on Martha’s Vineyard

For the Wampanoag Tribe of Gay Head (Aquinnah), time may have finally run out on their continued efforts to operate a gaming facility on Martha’s Vineyard. Tomorrow, the United States Court of Appeals for the First Circuit,...more

U.S. Supreme Court to Hear Transgender Student Case

The U.S. Supreme Court has agreed to hear oral argument in one of the high-profile challenges to the legality of the Dear Colleague Letter (“DCL”) jointly issued by the U.S. Departments of Justice and Education on May 13,...more

“Gimme a C!” (for Copyright): Supreme Court to Weigh Cheerleader Apparel Copyright Case

Are cheerleading outfits functional “useful items” that normally are ineligible for copyright protection? Or do they contain distinct design elements that allow for copyright ownership? ...more

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