Documents

Oral argument — Dixon v. United States

Oral argument · Oral argument · Apr 4, 2023

When the lower court discussed the informal claim doctrine, the lower court first aired in its analysis of the Supreme Court decision in Kales. … How can the agency act on it if it no longer has authority under the statute of limitations to act?

Oral argument — Miskill v. SSA

Oral argument · Oral argument · May 2, 2017

And so whether or not they can be used by comparables might be up in the air. But we don't know any of that. But, see, the comparability is this. … It means they were negligent in their Douglas factors because there was a group of people all acting the same way. We have evidence of that now. You don't dispute it.

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 — MPG West, LLC v. Secretary of Defense

Oral argument · Oral argument · May 6, 2024

Here, you know, in a requirements-type contract, the limitations broadly are that the government has to act in good faith, but specifically, you know, they have to act in a way that does not avoid their … your client is negotiating and saying, boy, I'm telling you, with no transportation subsidy, if I have to transport all this stuff in the United States, including stuff like salad, which I might have to air

Oral argument — 02 Micro Intl v. Monolithic Power

Oral argument · Oral argument · Sep 7, 2006

But the development of the theory and coming up with the O2 infringement theory was still ongoing during that period. … You're just pulling a middle of March out of the air? What happened the day before the middle of March that would trigger the duty to file right away? There's no particular date.

Oral argument — Veterans Justice Group, LLC v. Secretary of Veterans Affairs

Oral argument · Oral argument · Oct 8, 2015

So let me ask you, what was the state of the comment of the record in the rulemaking about comments? … I think that the Army and the Air Force is in similar statistical groupings. We have to look at the practical aspects of this rulemaking.

Oral argument — The American Legion v. Secretary of Veterans Affairs

Oral argument · Oral argument · Oct 8, 2015

So let me ask you, what was the state of the comment of the record in the rulemaking about comments? … I think that the Army and the Air Force is in similar statistical groupings. We have to look at the practical aspects of this rulemaking.

Oral argument — National Org of Veterans Advoc v. Secretary of Veterans Affairs

Oral argument · Oral argument · Oct 8, 2015

So let me ask you, what was the state of the comment of the record in the rulemaking about comments? … I think that the Army and the Air Force is in similar statistical groupings. We have to look at the practical aspects of this rulemaking.

Oral argument — DEY, L.P. v. SUNOVION PHARMA

Oral argument · Oral argument · Feb 4, 2013

One that underlies commercial use, which we're not dealing with, is whether you can exploit your monopoly for longer than the patent period by making money off of it more than a year before you file the … It was being given to them in a liquid form, an air form, mist form.

Oral argument — Palmyra Pacific Seafoods v. United States

Oral argument · Oral argument · Jan 7, 2009

So it's possible that they could use a plane or a helicopter to get from their air vessel, which is outside of the zone, to the island. … And if the government acts in such a way that limits that, you have certain rights under the contract.

Oral argument — Shell Oil Company v. United States

Oral argument · Oral argument · Jan 8, 2014

So some of the governmental apparatus that led to these contracts was coming into place during the period before Pearl Harbor. … A party can clean up their own mess. So in that case, there is no liability imposed by the government. Even if that was a fair distinction, that's not what we have here.

Oral argument — Comm For Fair Beam Imports v. United States

Oral argument · Oral argument · Jan 10, 2008

Did not comment on evidence. So what? I mean, where there's a massive record, no tribunal comments on every single piece of evidence is not practical, not required, probably not even really possible. … So I think because the commission in these is doing projections, certainly the commission was acting reasonably, not doing projections based solely on this three-month period, particularly given other

Oral argument — VersaTop Support Systems, Inc v. Georgia Expo, Inc.

Oral argument · Oral argument · Sep 7, 2018

respectfully submit that after the district court entered summary judgment on all three claims, patent, trademark, and copyright, all granted summary judgment in my client's favor on all these grants that it aired … They have a quote from Judge Geldrick saying, a party's failure to successfully persuade the court on the merits of its position does not render the party's motivation suspect, period.

Oral argument — Lovering-Johnson v. Navy

Oral argument · Oral argument · Mar 22, 2007

I thought that they said that there were a number of instances in which there was delay during this time period that was chargeable to your client. No, you're correct. … But, yes, that would, you know, perhaps cause them to act quickly. Thank you. Thank you. Mr. Thompson? Let me cover two points.

Oral argument — BLOCK v. VA

Oral argument · Oral argument · Feb 8, 2011

At the time, this court did not exist, and the Veterans Judicial Review Act had not been passed. … It was the liberalizing laws that allowed it to be showed just based upon statistical studies and associations in the Dioxin Act, in the Agent Orange Act of 91, that have allowed almost all of these conditions

Oral argument — Yant v. United States

Oral argument · Oral argument · Oct 9, 2009

In Corning, unlike this case, you had a situation where there was a proven period of discrimination. … One kind of a hypothetical, because I'm also and there are a lot of quick balls up in the air in this in terms of what the standard is.

Oral argument — Arista Networks, Inc. v. ITC

Oral argument · Oral argument · Jun 6, 2017

Once the commission finds that an unfair trade act has occurred, it may issue an exclusion order under subsection D. … And under Hyundai, VSCOFAN, and sealed air, the commission has broad discretion to do this.

Oral argument — AD HOC SHRIMP v. United States

Oral argument · Oral argument · Feb 7, 2011

For TIEMEI, as Commerce explained, the additional CEP sales reported by TIEMEI were sales that had shipment dates prior to the period of review, but invoice dates within the period of review. … The Department of Commerce and the Court of International Trade both acted well within their discretion here.

Oral argument — Hif Bio v. Yung Shin Pharma

Oral argument · Oral argument · Jun 6, 2007

That is the act that they complain of. … On the one hand, you're saying that your entire invention for your complaint is the abstract idea that this substance might have anti-cancer therapeutic properties, period.