The oral argument of the day is from Clarus Therapeutics, Inc. v. Lipocene, Inc. I thought this oral argument was interesting for a few reasons. First, it was the Federal Circuit’s first oral argument by telephone during the April 2020 session. Second, it is the appeal of an interference — an unusual occurrence these days. Third, it relates to the issue of negative limitations. Fourth, it was refreshing to hear people argue the court’s C.C.P.A. lines of precedent for a change — which, after all, were adopted by the Federal Circuit sitting en banc and thus have en banc authority. And, fifth, it was well-argued.
The briefs are provided below:
You can listen to the oral argument here:
The panel disposed of this rare interference case by a Rule 36 Judgment: [Link].