Correspondent
White House correspondent, covers patent, trade and regulatory news
The Third Circuit reversed a district court order compelling arbitration in a labor dispute over employee benefit contributions. The appellate court held that the grievance fell outside the scope of the collective bargaining agreement's arbitration clause because the claimed right did not arise from the contract itself.
The Federal Circuit affirmed summary judgment against HEALTHeSTATE, LLC, ruling that the company failed to prove copyright infringement or breach of contract regarding software developed for the government. The court held that the government's use of the software was authorized by the contracts and federal regulations, and that the plaintiff's copyright registrations were invalid due to knowingly submitted inaccuracies.
The Federal Circuit dismissed an appeal filed by Nazir Khan because he missed the mandatory 30-day deadline for the June 2025 order and the January 2026 order was not a final decision. The court held that the statutory time limit is jurisdictional and cannot be waived, and that ongoing district court proceedings regarding attorney fees preclude appellate review.
The Federal Circuit affirmed the district court's denial of attorney's fees to the defendant-appellant, ruling that the patent litigation was not an exceptional case under 35 U.S.C. § 285. The court upheld the lower court's findings that the plaintiff did not engage in inequitable conduct and that the surrounding circumstances did not warrant a fee award.
The Federal Circuit affirmed a district court's approval of a $125 million settlement resolving a nationwide class action regarding excessive PACER fees. The court held that the district court had jurisdiction under the Little Tucker Act and that the settlement terms, including attorney fees and incentive awards, were fair and reasonable.
The United States Court of Appeals for the Tenth Circuit dismissed an appeal filed by Busch Law Firm, LLC against Frontline Medical Services LLC. The court granted the appellant's unopposed motion to voluntarily dismiss the appeal.
The Third Circuit denied in part and dismissed in part a pro se petition for a writ of mandamus filed by Sharisse Filus seeking to intervene in her underlying civil action against Fidelity Investments. The court determined that the District Court's procedural rulings, including the denial of Filus's motions to strike the defendant's answer and impose sanctions, were not appropriate subjects for mandamus relief.
The Sixth Circuit affirmed a district court's partial denial of a preliminary injunction in a franchise dispute, ruling that the franchisor Fetch! Pet Care came to equity with unclean hands. The court held that Fetch!'s aggressive marketing and abrupt termination of legacy franchisees barred it from obtaining equitable relief against former franchisees who launched competing businesses.
The Eleventh Circuit affirmed a district court order approving the sale of condemned condominium property to a stalking horse bidder. The court held that the appellant failed to preserve its due process and procedural objections for appellate review.
The Ninth Circuit reversed the district court's dismissal of a declaratory judgment action, holding that a permanent life insurance policy issued in 2024 was a distinct contract from a prior term policy issued in 2004. Because the permanent policy was a new contract and the policyholder lacked an insurable interest at the time of its issuance, the court ruled the policy void as an illegal wager.
