Correspondent
White House correspondent, covers patent, trade and regulatory news
The Fifth Circuit certified a question to the Louisiana Supreme Court regarding whether an insurer's breach of a cooperation clause bars a third party's direct action under Louisiana law. The court paused the federal appeal because it cannot make a reliable 'Erie guess' without state guidance on this unsettled issue.
The Fifth Circuit certified a question to the Mississippi Supreme Court regarding whether construction liens are valid when they rely on attached invoices that fail to clearly identify the last date labor was provided. The appellate court remanded the case with instructions to await the state court's answer before proceeding.
The Federal Circuit dismissed Andre Youngblood's appeal from the Court of Federal Claims because his notice of appeal was filed after the statutory deadline. The court held that the appellant failed to provide evidence satisfying the prison mailbox rule to prove his filing was timely.
The Federal Circuit determined it lacks jurisdiction over this copyright infringement appeal and ordered the case transferred to the Ninth Circuit. The court resolved the transfer despite a dispute between the parties regarding the timeliness of the original notice of appeal.
The United States Court of Appeals for the Federal Circuit affirmed the Patent Trial and Appeal Board's decision invalidating patent claims without issuing a written opinion. This per curiam ruling confirms that the Board's findings were supported by substantial evidence and its legal conclusions were not erroneous.
The United States Court of Appeals for the Federal Circuit affirmed the Patent Trial and Appeal Board's decision without issuing a written opinion. This ruling confirms that the challenged patent claims regarding golf club technology remain invalid under the standard of review for nonprecedential dispositions.
The Federal Circuit affirmed that a government agency's override of an automatic statutory stay in a federal procurement dispute was arbitrary and capricious. The court held that a bid protestor need not satisfy the traditional four-factor equitable test to obtain relief, preserving the mandatory stay mechanism under the Competition in Contracting Act.
The United States Court of Appeals for the Federal Circuit affirmed the Patent Trial and Appeal Board's decision regarding patentability challenges without issuing a written opinion. This nonprecedential ruling applies the standard of review under Federal Circuit Rule 36 to confirm the Board's prior determination in Inter Partes Review No. IPR2023-00255.
The Eighth Circuit affirmed a district court's award of over $319,000 in attorney's fees and costs to Berkshire Hathaway Automotive following the plaintiff's unsuccessful copyright infringement suit. The appellate court held that the lower court did not abuse its discretion when weighing the relevant factors under the governing legal standard.
The Federal Circuit granted an unopposed motion to voluntarily dismiss an appeal regarding patent trial proceedings. The court dismissed the case without addressing the merits, leaving the Patent Trial and Appeal Board's prior decisions in place.
