There was a light-hearted moment at the oral argument of Abbott Labs v. Sandoz when counsel for Sandoz thanked the court with a slight mis-step causing Judge Rader to conclude he had just been given a pay raise: [Listen]
This case was unusual in that after this oral argument the CAFC sua sponte undertook en banc review of product by process claims. Yet, the CAFC did not conduct an en banc oral argument. One would think that an issue important enough to cause the CAFC to undertake en banc review would similarly be important enough for en banc oral argument and an opportunity for amicus briefs.
The en banc opinion can be found here: [Read]