Correspondent
White House correspondent, covers patent, trade and regulatory news
The Fifth Circuit affirmed the denial of attorney fees to a qui tam relator who did not receive a share of the settlement proceeds. The court held that the False Claims Act requires a relator to receive a proceeds share to be eligible for fees and expenses.
The United States Court of Appeals for the Federal Circuit affirmed the Patent Trial and Appeal Board's decision in a nonprecedential ruling. The court issued a per curiam judgment without providing detailed reasoning.
The United States Court of Appeals for the Federal Circuit affirmed the dismissal of a pro se complaint alleging breach of fiduciary duties by the United States and the State of Hawaii. The court held that the Court of Federal Claims lacked subject-matter jurisdiction because the plaintiffs sought only equitable relief and failed to identify a money-mandating source of law.
The United States Court of Appeals for the Federal Circuit affirmed the Patent Trial and Appeal Board's decision to reject a petitioner's attempt to introduce a new prior art reference against a specific patent claim in a reply brief.
The United States Court of Appeals for the Federal Circuit affirmed a district court's award of attorney fees to a defendant in a patent infringement case. The appellate court found no abuse of discretion in determining the case was exceptional due to the plaintiff's lack of good faith prosecution.
The United States Court of Appeals for the Federal Circuit dismissed an appeal filed by James Bennett because it was premature. The court concluded that no final judgment existed while the Claims Court had granted leave to amend the complaint.
The Eleventh Circuit held that the district court lacked jurisdiction to review a bankruptcy court judgment because the notice of appeal was not filed in compliance with procedural rules. The court vacated the district court's final judgment and remanded with instructions to dismiss the appeal without prejudice.
The Eleventh Circuit held that unadmitted aliens found in the interior of the United States are not automatically subject to mandatory detention without bond under the Immigration and Nationality Act. The court ruled that the statute requires aliens to be actively seeking lawful entry to trigger the no-bond detention provision.
The Ninth Circuit affirmed the district court's summary judgment in favor of the Bureau of Alcohol, Tobacco, Firearms and Explosives, holding that a federally recognized tribe selling cigarettes to other tribes for resale violated the Prevent All Cigarette Trafficking Act by failing to comply with California state tax and licensing laws.
The United States Court of Appeals for the Federal Circuit dismissed an appeal between Nike and Lululemon by mutual agreement. The court ordered that each party shall bear its own costs.
