Correspondent
White House correspondent, covers patent, trade and regulatory news
The Federal Circuit denied Volkswagen's petition for a writ of mandamus, rejecting the argument that the USPTO Director's discretion to deny inter partes review violates the nondelegation doctrine. The court held that the decision to institute or deny IPR is an executive function, not a legislative one, and remains unreviewable under the statute.
The Ninth Circuit denied a petition for review challenging an Immigration Judge's handling of a continuance request and translation services. The court held that the petitioner failed to demonstrate prejudice because he was statutorily ineligible for any relief other than voluntary departure, which he received.
The Ninth Circuit denied a petition for review of a denial of cancellation of removal, upholding the Immigration Judge's finding that the petitioner failed to prove exceptional and extremely unusual hardship to his qualifying children. The court clarified that children with DACA status do not qualify as relatives for hardship purposes and that general financial or emotional hardships are insufficient to meet the statutory standard.
The Ninth Circuit denied a petition for review of a Board of Immigration Appeals order that rejected a motion to reopen for cancellation of removal. The court held that defects in the Notice to Appear do not strip immigration courts of jurisdiction and that the petitioner failed to prove eligibility for the requested relief.
The Seventh Circuit affirmed the denial of Social Security disability benefits for Laurie Yokosh, ruling that the Administrative Law Judge properly discounted the opinion of her treating psychologist. The court held that the ALJ provided well-supported reasons for finding inconsistencies between the psychologist's conclusions and the broader medical record.
The Seventh Circuit reversed a district court order confirming an arbitration award because the arbitrator failed to conduct a mandatory post-award review of punitive damages. The court held that ignoring express contractual terms regarding this review procedure constituted an excess of authority rather than a permissible interpretation of the agreement.
The Eleventh Circuit affirmed the denial of Steven Deming's claim for disability insurance benefits, ruling that the Administrative Law Judge's decision was supported by substantial evidence. The court held that a 100% VA disability rating does not bind the Social Security Administration, which applies a distinct legal standard for determining disability.
The Eleventh Circuit affirmed the district court's denial of sanctions against a plaintiff who dismissed its own case after discovering a lack of diversity jurisdiction. The appellate court held that the plaintiff and its counsel acted negligently rather than in bad faith, which is insufficient to trigger sanctions under federal law.
The First Circuit affirmed a district court judgment holding a former company president liable for breach of fiduciary duty and contract after he attempted to acquire his former employer's target company for himself. The court upheld the jury's damages award and the permanent injunction while agreeing that the evidence did not support a finding of trade secret misappropriation.
The First Circuit affirmed a district court judgment holding a former corporate president liable for breaching fiduciary duties and contract terms by attempting to acquire a target company for himself. While the appellate court upheld the jury's findings on breach of contract and fiduciary duty, it agreed that the evidence was insufficient to support a verdict on trade secret misappropriation.
