Documents

Oral argument — HENDERSON v. SHINSEKI

Oral argument · Oral argument · May 6, 2013

My comment in rebuttal to that was that they should have full review, but that's for Congress. That's not for us today. … In other words, what was the, before the Veterans Judicial Review Act, what remedy, what tools did this seriously burned veteran have in his toolbox?

Oral argument — In Re Macor

Oral argument · Oral argument · Nov 8, 2018

You're saying that it was air for the examiner not to enter the amendments and consider the patentability of those claims? Absolutely, Your Honor. … And every single embodiment of DeFabio, every claim of DeFabio requires, as an element, that someone sign and it be videoed or imaged, period.

Oral argument — Daiichi Sankyo v. Apotex

Oral argument · Oral argument · Jan 5, 2010

The U.S. patent attorney's file was clean. There was nothing in it other than the patent. They destroyed it as part of their policy. … I mean, what was the- But the court said, we don't reach these issues, period. That was it. The court did not say it was moot.

Oral argument — ALCOHOL MONITORING v. ACTSOFT

Oral argument · Oral argument · Sep 5, 2012

I mean, you're right that, you know, any random comment that's made that's not acted upon or not really relevant to the prosecution, okay. But why not? Because, your honor, three reasons. … So it almost seems to me like judicial estoppel is almost a clean-up that would cover things that are not covered by prosecution history. Again, I agree with that.

Oral argument — Augustine v. VA

Oral argument · Oral argument · Sep 7, 2007

And so then we go a nice period of two years. … Do you know there's any explanation why it took from November of 01 to September of 03 for the board to finally clean this case up? I do not know because I submitted a request for a decision.

Oral argument — Arendi S.A.R.L. v. Google Inc.

Oral argument · Oral argument · Nov 7, 2016

But this board was of a different view, and the whole structure of the America Invents Act is that three heads may be better than one, and so now we have what looked to me, and this is the clarification … And the comment by my brother that the user is assisting because of the techniques used by the Aurendi system to find stuff, those are techniques used by the Aurendi system to find it.

Oral argument — RL BATES v. ARMY

Oral argument · Oral argument · Jun 8, 2011

Stivers testified that the numbers appeared to have been pulled out of thin air, I think is what he said. And the government representative, Mr. … They have not shown that the Board acted arbitrarily and capriciously, has not found that there were made in bad faith.

Oral argument — Teva Pharma v. Novartis Pharma

Oral argument · Oral argument · Oct 4, 2006

FISA, Teva was not the first filer under the Hatch-Waxman Act. Teva was in line to the first filer who, under the statute, had a 180-day period of exclusivity once they launched. … It's all up in the air now, isn't it?

Oral argument — Shelton v. United States

Oral argument · Oral argument · Sep 11, 2009

Whereas that matter could have been fully aired had it been presented to the tax court and if there was a deficiency, it could have been remedied at the time. … Your Honor, I'd like to briefly make an additional comment about the 6330 application.

Oral argument — Strand v. United States

Oral argument · Oral argument · May 3, 2017

Subject to the test under the Administrative Procedure Act. … It establishes a strict 6-year limitation period for claims that are filed in that court.

Oral argument — LEADER TECH v. FACEBOOK

Oral argument · Oral argument · Mar 5, 2012

December 8th, that's two days before the critical date, within the time period when even under Mr. … The claim says a computer-implemented method of managing data comprising computer-executable acts. The key phrase, it seems to me, is computer-executable acts, which comes after the word comprising.

Oral argument — Bush v. United States

Oral argument · Oral argument · Sep 11, 2009

Whereas that matter could have been fully aired had it been presented to the tax court and if there was a deficiency, it could have been remedied at the time. … Your Honor, I'd like to briefly make an additional comment about the 6330 application.

Oral argument — Recino v. USPS

Oral argument · Oral argument · Aug 8, 2008

I mean, if there's a comment from three years ago that it is understood that Mr. Jones got into a fight or Mr. … Most employers say, great, you know, we finally got him to clean up his act, and there's no more problems. They turn around, and they fire him.

Oral argument — SELPA CONSTRUCTION V USPS

Oral argument · Oral argument · Feb 6, 2012

So there wasn't any time period here showing coercion and then some effect of that coercion by entering into these modifications. They occurred before the first alleged coercive act. … I think at this point, this court has an opportunity to expand the appreciation of what it means for the government to act in bad faith.

Oral argument — United States v. Ford Motor

Oral argument · Oral argument · May 5, 2008

You know, it's not like, to me, a formal arrangement is selling jets to the Air Force. It's highly technical. … He acted very quickly. He had two trials, two weeks in one trial and two weeks in another trial, right after each other, so he didn't waste time.

Oral argument — Procopio v. Wilkie

Oral argument · Oral argument · Dec 7, 2018

In another case, there may be a question as to how to define it during that time period. And can I ask, I guess, another question. … Finally, if I may, I want to briefly address the ProVeterans— Just to alert you, your time has expired, so if you want to make one quick comment. Certainly.

Oral argument — Boehringer Ingelheim v. Barr Labs

Oral argument · Oral argument · Jun 1, 2009

The first issue in this case, the terminal disclaimer issue, is sui generis to a Hatch-Waxman Patent Act infringement case where you have a terminal disclaimer filed against a reference patent that has … This is a very clean prosecution in that we have 10 groups. Mylan, again, in the notice letter, never saw a double patenting problem. We never saw a double patenting problem.

Oral argument — Dela Cruz v. Wilkie

Oral argument · Oral argument · May 6, 2019

This is easier to see, Your Honor, if we look at the reply brief, in the addendum to the reply brief, there is a clean copy that makes it really easy to see. ADDM 040 attached to the gray brief. … There was not in Soria, but in Talon, and the court addressed the equal protection argument about generally Section 107, which is the rescission act, which this act follows up on.

Oral argument — Actelion Pharmaceuticals, Ltd. v. Lee

Oral argument · Oral argument · May 7, 2014

Your Honor, I don't believe that the 35 U.S.C. 154B provides any period or any limitation on period for relief to be granted by the PTO. … should have had notice and comment.

Oral argument — TOTOLO/KING JOINT VENTURE v. United States

Oral argument · Oral argument · May 4, 2011

The court didn't count the last day of the period was a weekend, and it was filed the following workday, and we believe she miscalculated it, and that's in our brief. Where is all this? … The issue wasn't raised in the briefing and I'm responding to the comments today.