Archive for March, 2013

Audio of Oral Argument in FTC v. Actavis

Friday, March 29th, 2013

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.

PTO Forum on First-Inventor-to-File

Thursday, March 28th, 2013

If you were busy filing patent applications on March 15th and missed the PTO’s presentation on First-Inventor-to-File, the PTO has posted the link to the video.  The link is available here: [link].

The Power Point presentation is available here: [link].

Oral Argument in FTC v. Actavis

Monday, March 25th, 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.

Richard Taranto and CLS v. Alice

Thursday, March 21st, 2013

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.

Circuit Judge Richard Taranto Sworn-In

Friday, March 15th, 2013

Richard Taranto was sworn-in on Friday March 15th as the newest judge on the Federal Circuit.


Federal Circuit Nominee Todd M. Hughes

Saturday, March 2nd, 2013

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].