Correspondent
White House correspondent, covers patent, trade and regulatory news
The Federal Circuit affirmed the Patent Trial and Appeal Board's decision denying Lemko Corp.'s petition for inter partes review of Microsoft's patents. The court held that the Board's finding of patent validity was supported by substantial evidence in the record.
The United States Court of Appeals for the Federal Circuit affirmed the Patent Trial and Appeal Board's decision upholding the validity of the challenged patent claims. The court found that the Board's factual findings were supported by substantial evidence in the record, leaving no reversible error in the agency's conclusion.
The Federal Circuit affirmed the dismissal of a veteran's motion to revise a prior Board order for clear and unmistakable error, holding that a prior judicial affirmance bars such revision. The court further ruled that a remand order is not a final decision subject to revision under the applicable regulations.
The Eleventh Circuit affirmed a district court judgment holding defendants liable for copyright infringement of Arabic-language programming. The court rejected challenges to DISH's ownership chain and upheld the finding that defendants directly infringed by using encoders to transmit protected works to U.S. customers.
The Ninth Circuit affirmed a district court's grant of summary judgment in a personal injury case, ruling that the plaintiff's claims were barred by Washington's three-year statute of limitations. The court rejected the plaintiff's argument that the discovery rule tolled the limitations period, finding he knew or should have known of the allegations by 2015 or 2016.
The Eleventh Circuit denied Henkels & McCoy's petition for review, upholding the Occupational Safety and Health Review Commission's finding that the company violated the Occupational Safety and Health Act's general duty clause. The court ruled that the Commission's decision was supported by substantial evidence and was not arbitrary or capricious.
The Ninth Circuit affirmed summary judgment for an insurance company, ruling that saltwater qualifies as a pollutant under commercial general liability policies. The court held that because the plaintiff conceded saltwater was an irritant or contaminant, it met the policy definition regardless of whether it constituted waste.
The Ninth Circuit affirmed the district court's grant of summary judgment against a grocery store and its owner, holding that they failed to rebut the government's evidence of SNAP trafficking. The court ruled that statistical patterns of unusually large and rapid transactions supported an inference of trafficking without requiring expert testimony.
The Fifth Circuit affirmed the dismissal of a pro se plaintiff's lawsuit after he failed to pay the required filing fee. The court held that the plaintiff waived his right to challenge the dismissal on appeal by failing to raise the issue in his brief.
The Third Circuit affirmed a district court's imposition of Rule 11 sanctions against an attorney for filing a frivolous motion to alter or amend judgment. The court held that the attorney failed to conduct a reasonable inquiry into the factual basis of his client's claim that a collective bargaining agreement was newly available evidence.
