Documents

Oral argument — NATIONAL ORG OF VET ADV v. SHINSEKI

Oral argument · Oral argument · Nov 7, 2012

That was a good act by the Justice Department, rather than coming up here and defending the indefensible. … And it's specifically for the failure of the notice and comment procedure under 553. In their blue brief, NOVA had raised a procedural and a substantive ground.

Oral argument — +Wheatland Tube v. United States

Oral argument · Oral argument · Mar 7, 2007

And after the notice in common proceedings, Commerce reasonably construed the legislative history and the language of the 1921 Act as creating two categories of duties. … And it basically said it doesn't matter if you have an open comment period.

Oral argument — Michael Simon Design v. United States

Oral argument · Oral argument · May 4, 2010

Specter that the president's authority to act is not contingent on the secretary's and commission's fulfillment of all the procedural requirements imposed upon them by the 1990 Act. … Suppose Congress had said, in making the recommendation commission, you must allow a 180-day period of comment, and the commission had terminated the period of comment after 160 days.

Oral argument — Pelt v. Collins

Oral argument · Oral argument · Sep 5, 2025

Because it's essentially evidence of what his condition is at the relevant time period, right? Right. … We're using this four-slice period of time. And just one last thing.

Oral argument — In Re Deutsche Bank

Oral argument · Oral argument · Jan 12, 2010

Judge Croce raised a question with you earlier that maybe we don't have enough information in this record to make a clean decision in either direction. … So virtually all patent prosecutors are barred, period. Well, Your Honor, I would submit that the case at bar, if Mr.

Oral argument — PICTURE PATENTS v. AEROPOSTALE

Oral argument · Oral argument · Apr 5, 2012

Well, one of his comments was, well, I didn't have an address. It would have taken too much work. … And so nothing had happened for a period of 16-plus years. Life had gone on. She went, developed the invention.

Oral argument — In Re Erik Brunetti

Oral argument · Oral argument · Aug 29, 2017

In Section 2 of the Lanham Act, the government made a number of content-based judgments about the sorts of marks that could be included. … Did you give me a clean answer, because I just checked back on my notes, and I don't see it written down, about what the level of scrutiny is for this content-based restriction?

Oral argument — Kalin v. DVA

Oral argument · Oral argument · Feb 10, 2006

Pre the 88 Act. Right. So. The Court of Appeals for Veterans Claims had not been established, so Mr. Kalin could not have appealed the Court's decision in 86. … It leaves us up in the air as to whether they're talking about the new and material evidence question or the ultimate entitlement to benefits. Yes. And so which is it? To continue with Judge Bryson.

Oral argument — Reyes v. Wilkie

Oral argument · Oral argument · Dec 3, 2018

But I'm also making the comment or the statement and the argument that the Form 23 meets the eligibility criteria of the act. The act doesn't require that you be recognized or unrecognized. … Now, just a couple of comments. Just keep in mind that during this entire period of the war, the Philippines was a part of the United States.

Oral argument — Braza v. OPM

Oral argument · Oral argument · Dec 4, 2008

I think it might be useful if both sides were to submit a post-argument letter with the new form and whatever comments they have on it. I'm sorry. Post-commenting on the new form? … Is there a limitations period on when you can claim the annuity? How does that work? There must be some sort of limitations period. I'm sorry. I don't know the answer to that.

Oral argument — AmGen v. F Hoffman-La Roche

Oral argument · Oral argument · Oct 8, 2008

And so what he is waiting for this court to do is to act, either to affirm the preliminary injunction or to remand the matter because this appeal is now moved. … Would you object to an expedited briefing period? On an expedited? It depends upon what issues.

Oral argument — GoTV Streaming, LLC v. Netflix, Inc.

Oral argument · Oral argument · Dec 8, 2025

That brings to mind just another side question, and we'll ask both sides to comment on this, this is just more housekeeping, but there are pending IPRs. There are. … So the city of Pomona wasn't a clean case where the appellate court was dealing with just a flat, no explanation, no attempt to say, I'm reserving, I'm rethinking about it.

Oral argument — Earvana, LLC v. Ernie Ball, Inc.

Oral argument · Oral argument · May 6, 2015

I'm going to assume on that, do they belong, can we act, they will in fact submit these papers to us. We're not going to take it on faith. … And just to address Your Honor's comment, the district court, one of the grounds for denial of leave to amend was the bad faith of Urbana, and suing when you're a suspended corporation and you know it,

Oral argument — Takeda Chemical v. Alphapharm Pty

Oral argument · Oral argument · Feb 14, 2007

I'd just like to make a couple of comments on that. … Would you comment on the file record of the 7-7-9? Yes, I would. The court did have that footnote, which is a little bit confusing.

Oral argument — COSTANTINO v. SEILZ

Oral argument · Oral argument · Mar 6, 2013

And when you draw… What about your opponent's comments on the Merck index and the chem draw point? Well, your honor, that's extrinsic evidence. … The board did not act in an arbitrary or capricious manner with respect to either of these motions. Thank you, Your Honors. Thank you, Mr. Mortara. Mr.

Oral argument — Perlick v. DVA

Oral argument · Oral argument · Feb 8, 2024

And so the back pay covers that period that put her where she would – because, I mean, this isn't somebody with an open-ended contract. There was a contract period. … Perlich, you're basically acting in a fashion that's contrary to the entire legislative purpose of the Whistleblower Protection Act.

Oral argument — Sandoz Inc. v. Amgen Inc.

Oral argument · Oral argument · Sep 10, 2014

So this patent exchange process, which during the exclusivity period can proceed at a leisurely pace... And the artificial act of infringement. … Does your client, Amgen, get to comment on the FDA approval process? No.

Oral argument — Preminger v. VA

Oral argument · Oral argument · Apr 7, 2010

That's the argument you make for saying he acted capriciously, but isn't the sole issue for us to decide was his action capricious or not? … I wish you could direct the district court, like the previous panel did, to apply certain tests, which included no discrimination based on party affiliation, period. But it didn't work.

Oral argument — Armstrong v. Treasury

Oral argument · Oral argument · Nov 3, 2009

So you acted within a month? We acted within a week. … Armstrong is relying on to obtain his misrepresentation argument is specifically limited to the period since December 2007, and this was the period that Mr.

Oral argument — ABBOTT POINT v. EPOCAL

Oral argument · Oral argument · Jun 9, 2011

LAUCs was acting consistently with what we believe to be our and the correct understanding of the 1999 consulting agreement, which is to say, it incorporated entirely the 1984 letter agreement. … But I think Judge Bryson, your initial comment to my friend is right.