News & Analysis as of

Oral Argument

Pierce Atwood LLP

Arguing from Afar: The New Reality of Zoom

Pierce Atwood LLP on

There is a new reality for appellate practitioners that is here to stay (for a while): oral arguments before the Law Court via Zoom. There are of course downsides to this new reality; I’m a firm believer that in-person...more

Patterson Belknap Webb & Tyler LLP

New York Court of Appeals Resumes In-person Filings

On July 22, 2020, the New York Court of Appeals announced that the Court of Appeals Hall in Albany is now open for in-person filings. The Court will continue to accept mailed and electronic submissions as permitted by its...more

Jones Day

LEAP: Additional PTAB Argument Time Offered For Junior Attorneys

Jones Day on

Less experienced patent practitioners may be granted additional oral argument time in front of the Patent Trial and Appeals Board (PTAB) with the Legal Experience and Advancement Program (LEAP). LEAP helps foster development...more

Morrison & Foerster LLP

Fun with Numbers From The Federal Circuit’s First Three Months Of Telephonic Arguments

With the start of the Federal Circuit’s July oral arguments, we thought it made sense to look back at the Court’s first three months of telephonic hearings (April, May, and June). What do those sittings show about how the...more

Eversheds Sutherland (US) LLP

Pennsylvania Attorney General criticized for not representing Department of Revenue

Oral argument was held June 11 in the highly unusual case of Synthes USA HQ Inc. v. Commonwealth of Pennsylvania. The Attorney General faced skeptical questioning from the Commonwealth Court, with one judge suggesting that...more

Goodwin

Federal Circuit Hears Oral Argument in Bevacizumab Preliminary Injunction Appeal

Goodwin on

Today, a panel of the Federal Circuit (Judges Moore, O’Malley, and Hughes) heard oral argument in Genentech v. Amgen. The case is on appeal from the District of Delaware, where the court denied Genentech’s motion for...more

Wilson Elser

Hirst Spot Print Turned into Spots by MSCHF, Courtroom Artists Face New Challenge, Banksy Pays Homage to Hospital Workers

Wilson Elser on

UNITED STATES - Still No LOVE in Robert Indiana’s Estate Battle - In the ongoing suit over the rights to Robert Indiana’s artworks, defendant Michael McKenzie, the founder of American Image Art, filed new...more

McDermott Will & Emery

[Webinar] A View from the Courtroom: How COVID-19 is Affecting Jury Trials - June 1st, 12:00 pm - 1:00 pm EDT

McDermott Will & Emery on

As courts are beginning to open, litigants and their counsel are forced to navigate the “new normal” of courtroom proceedings. Videoconferencing tools are allowing cases to progress with virtual depositions, oral arguments...more

McDonnell Boehnen Hulbert & Berghoff LLP

PTAB Hears Oral Argument on Motions in Interference No. 106,115

On Monday, the Patent Trial and Appeal Board (PTAB) heard oral argument (remotely) from Senior Party the Broad Institute (and its partners as Senior Party, Harvard University and MIT) and Junior Party the University of...more

Jackson Walker

Courts Consider Expansion of Mail-In Ballots Due to COVID-19

Jackson Walker on

On May 19, 2020, federal District Court Judge Fred Biery from the Western District of Texas granted a preliminary injunction that allows all registered voters, regardless of age, disability, or presence, to apply for mail-in...more

Mintz - Intellectual Property Viewpoints

Federal Circuit Appeals Continue as Scheduled Without In-Person Arguments

Yesterday the United States Court of Appeals for the Federal Circuit released modifications to court procedures, indicating that all in-person oral arguments are suspended until further notice. Fed. Cir. Admin. Order No....more

Jackson Lewis P.C.

U.S. Supreme Court Hears Argument On Whether ‘Ministerial Exception’ Covers Lay School Teachers

Jackson Lewis P.C. on

Whether the Establishment and Free Exercise Clauses prevent civil courts from adjudicating employment discrimination claims brought by employees against their religious employer, where the employee carried out important...more

Jones Day

Cutting Through the Redline: What Companies Need to Know About Proposed Amendments for Federal Circuit Arguments

Jones Day on

On April 24, 2020, the Federal Circuit announced a set of proposed amendments to its Local Rules that, if adopted, will go into effect July 1, 2020. Although most of the proposed changes are stylistic or concern particular...more

Morrison & Foerster LLP

What’s Changing At The Remote Fed. Circ.

Brian Matsui, Seth Lloyd, and Samuel Goldstein authored an article for Law360 covering how the U.S. Court of Appeals for the Federal Circuit has streamlined its docket and moved oral arguments from the courtroom to conference...more

Carlton Fields

Brief Writing in an Age of Virtual Oral Appellate Arguments

Carlton Fields on

No matter how good the technology is, a virtual appellate oral argument is different from a live one. No matter how good an oral advocate you are, your virtual argument likely will not be quite as effective as a live one. But...more

Hinshaw & Culbertson - Consumer Crossroads

Federal Court Hears Oral Argument in ACA's TRO Petition Seeking to Enjoin Massachusetts's Emergency Debt Collection Regulations

On May 1, 2020, U.S. District Court for the District of Massachusetts Judge Richard Stearns heard oral arguments in ACA International's suit to halt the emergency debt collection regulations enacted in Massachusetts, which...more

BakerHostetler

SCOTUS Livestreams Oral Arguments on BOOKING.COM Trademark Registerability

BakerHostetler on

On Monday, we listened in real time to the livestreamed Supreme Court oral arguments in the trademark registration case United States Patent and Trademark Office v. Booking.com B.V.  Because of COVID-19, the arguments were...more

McDonnell Boehnen Hulbert & Berghoff LLP

PTAB Sets Date for Oral Argument in CRISPR Interference

On April 20th, the Patent Trial and Appeal Board (PTAB) set oral argument in Interference No. 106,155, between Senior Party The Broad Institute, Harvard University, and the Massachusetts Institute of Technology (collectively,...more

Jones Day

Junior Lawyers Can Receive Additional Argument Time

Jones Day on

As fewer cases go to trial nowadays, judges have long been mindful of providing young lawyers with “stand-up” opportunities. For example, Judge William Alsup of the Northern District of California, in his Standing Order,...more

Morrison & Foerster LLP

Landmark Trademark Protection Case Before Supreme Court

United States trademark law makes a strong distinction between “descriptive” and “generic” terms. The former are potentially accorded substantial benefits, while the latter can never be entitled to protection and are not...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - May 2020

May the Fourth Be With You? Not so Much. As the Buzz discussed previously, Congress was scheduled to return to Washington, D.C., next week. This week, however, House Majority Leader Steny Hoyer (D-MD) announced that the U.S....more

Fox Rothschild LLP

North Carolina’s First Virtual Oral Argument

Fox Rothschild LLP on

A recording of North Carolina’s first virtual oral argument is now available for viewing. Because the video stream began before the actual arguments commenced, insight is available into how the Court of Appeals and the...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

PTAB Strategies and Insights - April 2019: The Federal Circuit's COVID-19 Response Suggests A New Approach To Oral Argument,...

While the Patent Trial and Appeal Board (PTAB) appears to be fully embracing virtual and remote platforms to continue business as usual during the COVID-19 pandemic, the Federal Circuit has had a mixed response. The Court has...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

PTAB Strategies and Insights - April 2020

The PTAB Strategies and Insights newsletter provides timely updates and insights into how best to handle proceedings at the USPTO. It is designed to increase return on investment for all stakeholders looking at the entire...more

Morgan Lewis

Supreme Court PTAB Assessment of One-Year Inter Partes Review Time Bar Is Non-Reviewable

Morgan Lewis on

With this decision, the US Supreme Court again prioritizes giving the US Patent and Trademark Office (PTO) a second chance to review and potentially weed out “bad patents,” over permitting parties the opportunity to challenge...more

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