Capital One’s novel antitrust case against Intellectual Ventures was the buzz of the Silicon Valley patent bar a couple of years ago, but the bank’s loss on summary judgment combined with IV’s less aggressive acquisitions has cooled the chatter. However, Intellectual Ventures v. Capital One will be back on the front burner Monday when it lands for a hearing at the U.S. Court of Appeals for the Federal Circuit.

IV comes in with some momentum—a $43 million jury verdict against Ericsson and T-Mobile in March. Department of Justice antitrust chief Makan Delrahim had been scheduled to make an amicus appearance, but will yield to one of his colleagues.

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