Correspondent
White House correspondent, covers patent, trade and regulatory news
The United States Court of Appeals for the Federal Circuit denied a petition for permission to appeal a district court dismissal. The court treated the filing as a notice of appeal and directed the parties to show cause regarding the court's jurisdiction.
The United States Court of Appeals for the Federal Circuit dismissed the appeal in this intellectual property dispute. The parties agreed to the dismissal, and each side will bear its own costs.
The Eleventh Circuit affirmed the dismissal of a pro se plaintiff's claims under the Indian Gaming Regulatory Act and Florida state law, holding that statutory policy declarations do not create a private right of action. The court further ruled that the district court properly denied the plaintiff's motion to alter or amend the judgment because the attempt merely relitigated failed arguments.
The Eleventh Circuit affirmed a district court order denying a motion to compel arbitration in a browsewrap dispute. The court held that a hyperlink to terms of service was not conspicuous enough to put a reasonably prudent user on inquiry notice of a mandatory arbitration clause.
The Eighth Circuit affirmed the dismissal of wrongful termination and defamation claims against Honeywell and summary judgment for the insurers regarding disability benefits. The court held that the plaintiff failed to prove an employment contract exception, missed the statutory deadline for discrimination claims, and could not overcome statutory privilege for defamation.
The Fifth Circuit affirmed a district court's grant of summary judgment in a Longshore and Harbor Workers' Compensation Act case involving a longshoreman's injury. The court held that the vessel owner did not breach its narrow duties regarding turnover, active control, or intervention.
The Fourth Circuit affirmed the district court's dismissal of a pro se borrower's complaint but modified the order to dismiss without prejudice. The court held that dismissals based on the Rooker-Feldman doctrine, which addresses subject matter jurisdiction defects, must be without prejudice because a court lacking jurisdiction cannot adjudicate claims on the merits.
The United States Court of Appeals for the Fourth Circuit affirmed a district court order dismissing a civil action for lack of subject matter jurisdiction. The court found no reversible error in the lower court's adoption of a magistrate judge's recommendation.
The United States Court of Appeals for the Fourth Circuit affirmed a district court order upholding a bankruptcy court's determination that a judgment debt was non-dischargeable. The appellate court denied the pro se appellant's various procedural motions and found no reversible error in the lower court's ruling.
The Federal Circuit affirmed the Patent Trial and Appeal Board's decision that Wildseed's patent claims were unpatentable as obvious. The court rejected Wildseed's narrow interpretation of claim language regarding user data, ruling that derived information from text messages satisfies the patent's requirements.
