The Federal Circuit at Harvard Law School

The Cyberlaw Clinic is delighted to announce that on October 8, 2015, the United States Court of Appeals for the Federal Circuit will be holding oral arguments at Harvard Law School, in the Ames Courtroom in Austin Hall. The court will hear four cases, starting at 2:00pm.

The Federal Circuit was established in 1982, and has exclusive jurisdiction to hear appeals from federal district courts in patent cases. The Court also oversees appeals from administrative tribunals, including the Court of Federal Claims and the Patent Trial and Appeal Board (an administrative body created in 2012 under the America Invents Act to review issues of patentability of inventions). Given its focus on matters of patent law, the Court is popularly considered the most important technology law court in the country.

The event on October 8 is an actual session of the Federal Circuit, and the Court will be hearing real cases. As such, the event is free and open to all members of the public who wish to attend. The cases heard will include:

Hirmiz v. Secretary of Health and Human Services, No. 15-5043, a claim under the National Vaccine Injury Compensation Program, on behalf of a child who suffers from neurological damage, which her parents claim is the result of a flu vaccine.

• Read the Court of Federal Claims decision being appealed
• Read the appellant’s brief
• Read the appellee’s brief
• Read the appellant’s reply brief

Koninklijke Philips N.V. v. Zoll Medical Corporation, No. 14-1764, a dispute over patent construction and infringement issues between two rival makers of cardiac defibrillators.

• Read the notice of appeal, and orders being appealed
• Read the appellant’s brief
• Read the appellee and cross-appellant’s brief
• Read the appellant’s reply brief
• Read the appellee’s reply brief

SightSound Technologies, LLC v. Apple, Inc., No. 15-1159, an appeal of two determinations from the Patent Trial and Appeal Board that invalidated two patents under a special procedure established under the America Invents Act.

• Read the Patent Trial and Appeal Board decision being appealed
• Read the appellant’s brief
• Read the appellee’s brief
• Read the intervenor’s brief from the United States Patent and Trademark Office
• Read the appellant’s reply brief

Bianco v. Globus Medical, Inc., No. 15-1193, a dispute over whether trade secret law covers a particular idea for a medical device, and what damages a plaintiff can claim when asserting a trade secret claim.

• Read the notice of appeal, and orders being appealed
• Read the appellant’s brief  (partially redacted)
• Read the appellee’s brief (partially redacted)
• Read the appellant’s reply brief (partially redacted)

Members of the public, including law students interested in appellate advocacy or intellectual property, are warmly encouraged to watch the arguments on October 8. For more information about the court, including the rules of decorum when court is in session, please visit the Federal Circuit’s website.