Sarah Fackrell
David Taylor has a recap of the #GorgeDesign argument over on his blog: https://fedcircuitblog.com/2023/04/24/argument-recap-gorge-design-group-llc-v-xuansheng/
Argument Recap - Gorge Design Group LLC v. Xuansheng - Fed Circuit Blog
The Federal Circuit heard oral argument earlier this month in Gorge Design Group LLC v. Xuansheng, a patent case that attracted an amicus brief. In this case, the Federal Circuit reviewed a determination by a district court that Gorge’s claims against NeoMagic were not frivolous and that NeoMagic was not entitled to its attorneys’ fees. Judges Taranto, Clevenger, and Hughes heard the oral argument. This is our argument recap. Andrew Oliver argued for NeoMagic. He began by arguing that due process through notice and hearing has historically been and should still be provided before depriving a party of its rights, and, he argued, due process was not provided in this case. Oliver explained that his client was harmed because the plaintiff got an order from the court prohibiting his client from transferring any assets as well as requiring it to shut down its website. One of the judges then asked whether the court’s action violated any rule governing temporary restraining orders. Oliver responded by pointing out that Federal Rule of Civil Procedure 65 requires plaintiffs to give notice of a temporary restraining order or show the court it attempted to give notice. A judge then inquired about a PayPal email that was sent to NeoMagic, which arguably put NeoMagic on notice of the temporary restraining order. Oliver explained that PayPal sent a notice that money was seized, but PayPal included an incorrect email for Gorge. Another judge then asked what NeoMagic’s best arguments are for reversible error. Oliver responded that the district court did not follow the appropriate standards and procedures for assessing whether the asserted claims were legitimate or frivolous. Stanley Ference argued for Gorge. He began by asserting that this case is about a small family-owned company building a business off of one product and that business being threatened by NeoMagic selling knockoff products.
