Correspondent
White House correspondent, covers patent, trade and regulatory news
The Eighth Circuit affirmed a district court's award of attorney's fees and costs to a defendant after the plaintiff lost a copyright infringement suit. The appellate court found no abuse of discretion in the lower court's decision to impose the financial penalty.
The United States Court of Appeals for the Federal Circuit granted an unopposed motion to voluntarily dismiss an appeal. The court ordered that each party shall bear its own costs.
The Federal Circuit affirmed the invalidity of a patent under the pre-AIA on-sale bar, holding that a third-party sale of a device embodying the invention more than one year before the priority date renders the claims invalid regardless of whether the invention's details were publicly disclosed. The court further clarified that source code commands are not hearsay at summary judgment because they constitute instructions rather than statements of fact.
The United States Court of Appeals for the Federal Circuit reversed in part and affirmed in part a district court ruling in a patent infringement dispute. The appellate court held that a pretrial stipulation established a United States nexus for infringement and that prosecution history did not disclaim a claim limitation.
The United States Court of Appeals for the Federal Circuit affirmed the lower court's judgment in a contract dispute involving multiple parties. The court issued a per curiam order without providing a written opinion explaining the reasoning.
The Eleventh Circuit affirmed a district court's grant of summary judgment in a defamation suit brought by an air charter provider against a national bank. The court held that the bank's statements regarding transaction cancellations were true and protected by qualified privilege.
The United States Court of Appeals for the Fifth Circuit affirmed the dismissal of a civil action brought by a pro se plaintiff. The court held that the district court correctly determined it lacked subject matter jurisdiction over the dispute.
The United States Court of Appeals for the Fourth Circuit vacated a district court order denying a preliminary injunction against a Maryland statute restricting 340B drug distribution. The court held that its recent decision finding a similar West Virginia law likely preempted by federal law controls this appeal.
The Third Circuit affirmed the district court's denial of a preliminary injunction, holding that Janssen failed to demonstrate irreparable harm because monetary damages remain calculable despite market complexities. The court clarified that loss of market share in a breach of contract case does not automatically constitute irreparable injury absent proof that damages are practically impossible to quantify.
The Ninth Circuit reversed a district court ruling that had upheld UnitedHealthcare's denial of benefits, holding that the insurer abused its discretion by failing to engage in a meaningful dialogue with the beneficiary. The court remanded the case for further proceedings, instructing the lower court to award attorneys' fees and impose statutory penalties for the insurer's failure to produce the administrative record.
