Oral Argument

News & Analysis as of

PTAB Requires the Patent Owner to Attend Oral Argument

In Butamax Advanced Biofuels, LLC v. Gevo, Inc., the patent owner requested permission to be excused from the oral hearing. The patent owner cited the expense of having counsel prepare for and attend the hearing. Instead, the...more

State Action Doctrine Tested by Supreme Court for Second Time in Two Years

After nearly two decades of silence on the state action doctrine, on October 14, 2014, the United States Supreme Court heard oral argument in the Court’s second case on the subject in two years: The North Carolina Board of...more

The Supreme Court Considers The Requirements For Removal

The Class Action Fairness Act of 2005 (“CAFA”) outlines the federal courts’ diversity jurisdiction over class actions. Among other things, it increased the amount in controversy to $5 million (28 U.S.C. § 1332(d)(2), (6)),...more

Post-Grant Insights: Key Considerations in PTAB Oral Hearings [Video]

At the Patent Trial and Appeal Board (PTAB) there is a live proceeding that is simply called an oral hearing. During the hearing, each side has a limited amount of time to present their arguments to the PTAB judges; it’s...more

Texas Supreme Court oral-argument preview (10/14)

The Texas Supreme Court will hear two oral arguments at the Texas Tech School of Law on 10/9/14: No. 13-0136, Nabors Well Servs. Ltd. v. Romero -- The issue is whether evidence of seatbelt nonusage is inadmissible,...more

Is THC “Lawful” in Colorado?

The Colorado Supreme Court heard oral argument this morning in Coats v. Dish Network, LLC, 13SC394. The central issue in the case is whether the Colorado Lawful Activities Statute includes federal law. The Lawful Activities...more

Texas Supreme Court Orders (9/2014)

The Texas Supreme Court did not issue any opinions in its weekly orders. But the Court did accept a case on a certified question from the United States Court of Appeals for the Fifth Circuit. The Court also set the date for...more

Judge Easterbrook on Appellate Review: There Are No "Writs of Erasure"

Judge Easterbrook provided a fundamental and valuable lesson on appellate review during today’s oral argument in O’Keefe v. Chisholm, a series of consolidated appeals that concern the John Doe investigation brought by...more

The Law Society Of British Columbia v The Society of Notaries Public of British Columbia: Intervener Granted Standing to Appeal...

On June 12, 2014, a panel of the British Columbia Court of Appeal delivered its oral reasons in The Law Society Of British Columbia v The Society of Notaries Public of British Columbia, 2014 BCCA 233, granting standing to an...more

An Associate's Reflections on Her First Oral Argument

I had several appeals pending earlier this year, so it wasn’t a complete surprise when I received the order from the Florida Third District Court of Appeal setting one of them for oral argument. I had been waiting for this...more

Oral Arguments Held in First-Ever Challenge to CFIUS National Security Review of Foreign Investments in the United States

On May 5, the US Court of Appeals for the District of Columbia (DC Circuit) heard oral arguments in Ralls Corp. v. CFIUS et al. The case is the first ever challenge to the review process conducted by the Committee on Foreign...more

Can’t Sneak in Another Argument

In Rackspace Hosting, Inc. v. Rotatable Technologies, LLC, IPR2013-00248, Paper 27 (April 9, 2014), the petitioner submited a seven page request for oral argument including arguments...more

Supreme Court Justices Consider Taxability of Certain Severance Pay During Quality Stores Oral Arguments

Yesterday the Supreme Court of the United States heard oral arguments in United States v. Quality Stores, Inc., a case on appeal from the Sixth Circuit Court of Appeals. A circuit court split had spurred the Court to hear the...more

Oral Arguments Heard In Historic "Foreign Official" Challenge

Last Friday in Miami, the 11th Circuit Court of Appeals heard oral argument in U.S. v. Joel Esquenazi & Carlos Rodriguez. The issues on appeal did not just relate to the FCPA’s ”foreign official” element, but as to this...more

Fast Five: Rhode Island Practice Group - October 2013: What It Means To Be Prepared For Oral Argument Before The Rhode Island...

Fall is my favorite season. As the foliage begins to take on the shades of yellow, orange, red and brown that are representative of the change of the season, squirrels and chipmunks begin their feverish efforts to collect...more

Fast Five: Rhode Island Appellate Practice: Special Edition: Recent Law Clerks Provide Pointers For Practice Before The Rhode...

This special edition of the Fast Five on Rhode Island Appellate Practice features guest bloggers Jamie J. Bachant, Esq. and Amy Goins, Esq., who recently completed clerkships with Rhode Island Supreme Court Justice Gilbert V....more

Fast Five: Rhode Island Appellate Practice: June 2013 #2

Among the many programs offered at this year’s Rhode Island Bar Association Annual Meeting was a continuing legal education program titled “Dos and Don’ts of Appellate Practice.” The panel, moderated by my colleague, John...more

The Curious Case Of Human Gene Patents

The U.S. Supreme Court heard oral arguments last month in the matter of Association for Molecular Pathology v. Myriad Genetics, a curious case that does not bode well for America’s biotechnology industry and could overturn 30...more

Q&A With Carlton Fields' Wendy Lumish

Q: What is the most challenging case you have worked on and what made it challenging? A: Frankly, many of my cases are extremely challenging because I am generally defending a large corporation against a horribly injured...more

Illinois Supreme Court to Hear Five Civil Cases In May

On Tuesday, the Illinois Supreme Court announced its oral argument calendar for the May term, and it includes arguments in five civil cases. The cases, with the questions presented in each, are...more

Fast Five - Rhode Island Appellate Practice: April 2013

Welcome to the first edition of Fast Five on Rhode Island Appellate Practice, which will provide five periodic updates on Rhode Island appellate law and pointers for practice before the Rhode Island Supreme Court. ...more

What We May Learn from the Myriad Oral Argument

The U.S. Supreme Court heard oral argument in Association for Molecular Pathology v. Myriad Genetics, Inc. on Monday, and many have commented on the Court's interrogation of the parties' representatives (and the government)...more

First Circuit Oral Argument Considers the Proper Standard Governing the False Claims Act’s “First-to-File” Rule

The United States Court of Appeals for the First Circuit recently heard oral arguments in United States ex rel. Heineman-Guta v. Guidant Corp., et al. (12-1867). During oral argument, the panel considered, among other issues,...more

Batting Practice with DNA Patents at the U.S. Supreme Court

The Supreme Court heard oral arguments today in Association of Molecular Pathology vs. Myriad Genetics (Docket 12-398) regarding the patent eligibility of isolated DNA sequences. More specifically, they probed both parties in...more

After Myriad Oral Argument, Supreme Court Set to Decide Patentability of Isolated Human DNA Molecules

Today, the Supreme Court of the United States heard oral argument in Association for Molecular Pathology v. Myriad Genetics, Inc. (No. 12-398) to decide the question, “Are human genes patentable?” The Court’s decision in...more

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