⚖ Oral Arguments, with Context

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McGinley v. Luv N' Care, Ltd. — Fed. Cir. (argued September 8, 2026)

No. 24-2244 Argued September 8, 2026 Published September 14, 2026

Inventor Michael McGinley and S.C. Products accuse Luv N' Care's Nuby Tear Free Rinse Pail of infringing the '178 patent. The patent covers a shampoo-rinse pitcher with a flexible front panel that molds against a child's head, helping keep water out of the child's face. McGinley sued in 2016. An earlier Federal Circuit appeal revived the suit and defined ‘generally flat’ as mostly flat and not, as a whole, V-shaped, round, or cylindrical. On remand, a Louisiana jury found no infringement, and the trial judge refused to overturn that verdict. McGinley now says no reasonable jury could find that the original Nuby pail's front section was not generally flat. Luv N' Care says the physical pail and competing expert testimony supported the verdict. The appeal also asks whether compensation for the court's technical adviser can be taxed as costs. Luv N' Care separately seeks attorney's fees, saying McGinley had no reasonable basis to accuse a redesigned pail added late in the case.

McGinley v. Luv N' Care, Ltd. (No. 24-2244) — U.S. Court of Appeals for the Federal Circuit, argued September 8, 2026.

Sources
Argument audio — U.S. Court of Appeals for the Federal Circuit (public domain, 17 U.S.C. § 105):https://www.cafc.uscourts.gov/oral-arguments/24-2244_09082026.mp3
Argument listing — U.S. Court of Appeals for the Federal Circuit:https://www.cafc.uscourts.gov/home/oral-argument/listen-to-oral-arguments/
September 2026 argument calendar — U.S. Court of Appeals for the Federal Circuit:https://www.cafc.uscourts.gov/wp-content/uploads/OralArguments/PublicCalendar-September2026.pdf
Prior Federal Circuit opinion — McGinley v. Luv N' Care:https://www.cafc.uscourts.gov/opinions-orders/19-2175.opinion.7-29-2020_1627240.pdf
Post-trial ruling — U.S. District Court for the Western District of Louisiana:https://app.midpage.ai/document/mcginley-v-luv-n-care-1000413742019
Claim-construction order — U.S. District Court for the Western District of Louisiana:https://cases.justia.com/federal/district-courts/louisiana/lawdce/3%3A2017cv00821/157924/428/0.pdf
Redesigned-pail order — U.S. District Court for the Western District of Louisiana:https://cases.justia.com/federal/district-courts/louisiana/lawdce/3%3A2017cv00821/157924/424/0.pdf?ts=1685522146
U.S. Patent No. 8,636,178 — U.S. patent record:https://patentimages.storage.googleapis.com/0f/12/87/31d7725e42dc89/US8636178.pdf
28 U.S.C. § 1920 — taxable costs:https://www.law.cornell.edu/uscode/text/28/1920
35 U.S.C. § 285 — attorney's fees:https://www.law.cornell.edu/uscode/text/35/285
Octane Fitness v. ICON — U.S. Supreme Court:https://www.law.cornell.edu/supremecourt/text/12-1184
Kip Richards — Walters Renwick Richards and Vaughan:https://wrrvlaw.com/lawyers/kip-d-richards/

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