Oral Argument of the Day: SmithKline Beecham Corp. v. Apotex Corp. (Jan. 2004)

The Federal Circuit updated its web site the other day. The new oral argument list shows that one of the first oral arguments that was made available to the public by the Federal Circuit web site is from SmithKline Beecham Corp. v. Apotex Corp., 365 F.3d 1306 (Fed. Cir. 2004).

I thought this might be an interesting “Oral Argument of the Day” for several reasons. First, it was one of the last oral arguments made by Ford Farabow of Finnegan Henderson Farabow Garrett and Dunner at the Federal Circuit. Second, Judge Rader (retired) was the presiding judge and he always held lively oral arguments. This is no exception. Third, it was an appeal from a Northern District of Illinois trial where it appears that Judge Posner of the Seventh Circuit sat by designation. Fourth, the claim recited only four words with no preamble: “Crystalline paroxetine hydrochloride hemihydrate.” 

I’m not sure why this oral argument was recorded in January of 2004. Perhaps the Federal Circuit was experimenting with recording oral arguments at that time. During 2006, the Federal Circuit began a regular practice of recording oral arguments.

The opinion for the court is available here: [Link].

One interesting sound bite by Judge Rader, commenting on the district court’s claim construction as being policy driven, is available here:

The recording of the entire oral argument is available here:

The patent is available here: [Link].

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