The Supreme Court has now posted the audio of the oral argument that took place on Monday in FTC v. Actavis. The recording of the oral argument is available here.
Archive for March, 2013
The Supreme Court heard oral argument today in the pay-for-delay case of FTC v. Actavis, Inc. et al.
The transcript of the oral argument is available here.
On some of the other blogs, commenters have been wondering aloud if the Federal Circuit’s newest judge, Richard Taranto, will be allowed to participate in the CLS v. Alice case. CLS v. Alice was argued prior to Judge Taranto joining the Federal Circuit. Assuming there is no recusal, history suggests that Mr. Taranto will participate.
Judge O’Malley was sworn-in on December 28, 2010 and participated in three en banc cases that were argued before she was sworn-in (Therasense, Tivo, and Slattery). Judge Reyna was sworn-in on April 7, 2011 and participated in two en banc cases argued before that date (Therasense and Tivo). Indeed, Tivo was decided less than two weeks after Judge Reyna was sworn-in. So, the door is still open for Todd M. Hughes to participate if/when he is confirmed. Ray Chen participated in an amicus brief in the CLS v. Alice case — so, one would assume that he would recuse himself if sworn-in before the decision issues.
Todd M. Hughes was nominated for the Federal Circuit on February 7, 2013. The Senate Judiciary Committee recently posted his committee questionnaire. The questionnaire is available here: [Link].
Mr. Hughes listed his most significant litigation matter as Haas v. Peake, 525 F.3d 1168 (Fed. Cir. 2008) which concerned the interpretation of a statute governing disability compensation for Agent Orange exposure.
You can listen to Mr. Hughes in the oral argument of the Haas case here: [Listen].
You can read the Haas opinion here: [Link].