Correspondent
White House correspondent, covers patent, trade and regulatory news
The Ninth Circuit affirmed a district court dismissal of a pro se complaint alleging misappropriation of likeness and intentional infliction of emotional distress. The panel held that the plaintiff failed to state plausible claims under Washington law regarding a commercial featuring a celebrity chef.
The United States Court of Appeals for the Federal Circuit affirmed a district court ruling that dismissed a patent infringement lawsuit for failure to state a claim. The appellate court held that the asserted patents covering website creation systems were invalid under Section one hundred and one of the Patent Act.
The United States Court of Appeals for the Federal Circuit affirmed a district court ruling in a patent infringement dispute involving a laryngoscope device. The court upheld the lower court's claim construction and its grant of summary judgment of noninfringement.
The Ninth Circuit affirmed the dismissal of construction defect claims against one defendant but reversed the dismissal against another. The court held that California's statute of repose bars equitable tolling for misnamed parties but allows relation back for unknown defendants identified under specific state rules.
The United States Court of Appeals for the Federal Circuit affirmed a Trademark Trial and Appeal Board decision refusing to register the MON AMI marks for edible pet treats. The court held that the Board's finding of likely confusion with the registered AMI mark was supported by substantial evidence.
The United States Court of Appeals for the Federal Circuit affirmed a preliminary injunction blocking a generic drug competitor from entering the market. The court vacated the district court's order waiving the bond requirement, ruling that commercial activities generally require security.
The First Circuit dismissed an appeal challenging administrative fees on court-held funds and affirmed the dismissal of a claim regarding accrued interest. The court found the fee claim violated the automatic stay under PROMESA and the interest claim failed for lack of standing.
The Eleventh Circuit affirmed a district court's decision to uphold a bankruptcy court's judgment against a pro se appellant. The appellate court held that the appellant failed to provide a complete record of transcripts necessary for meaningful review of the lower courts' factual findings.
The Eleventh Circuit vacated a dismissal of an antitrust lawsuit because the plaintiff lacked Article III standing. The court instructed the lower court to dismiss the case without prejudice and to deny the motion to amend as futile.
The Fifth Circuit affirmed a summary judgment ruling that allowed a non-party turbine supplier to enforce a consequential-damages waiver against a plaintiff. The court held that the supplier qualified as an intended third-party beneficiary and that the waiver remained enforceable despite allegations of fraudulent inducement and intentional torts.
