Federal Circuit Court

‘Reply All’ Was a Mistake, Peeved Partner Tells Quinn Emanuel Associate

Observers are openly wondering how long an unidentified first-year associate at Quinn Emanuel Urquhart Oliver & Hedges will hold his job, after reading a jaw-dropping e-mail thread. It began with a partner’s standard-issue firmwide proclamation of victory on Friday in a federal court case involving the trademark rights of the…

May 19, 2009 8:53 PM CDT

Webcams the Solution for Court Interpreter Shortages?

Video conferences, telephone interpreters, and the promise of new technologies that link pockets of the country with deeper pools of certified interpreters to rural counties in desperate need of qualified professionals may be a solution to the rising need for competent court interpreters across the U.S. Recently, ABAJournal.com posted a…

Jan 28, 2009 9:51 PM CST

A ‘Loser Pays’ Legal System Will Cut Frivolous Lawsuits, Report Says

The Manhattan Institute for Policy Research released a report today advocating for a “loser pays” rule to help staunch the exorbitant litigation costs that arise from nuisance lawsuits in the U.S. “Greater Justice, Lower Cost: How a ‘Loser Pays’ Rule Would Improve the American Legal System,” reports that Americans spend…

Dec 2, 2008 11:34 PM CST

Theory of Unconstitutional Judicial Appointments Fails in Patent Appeal

Marketers who sell a powdered health supplement have failed to persuade the U.S. Court of Appeals for the Federal Circuit that a patent ruling should be overturned because the judges who issued it were unconstitutionally appointed. Law professor John Duffy of George Washington University has pointed out a possible flaw…

Nov 4, 2008 12:45 PM CST

En Banc Federal Circuit Restricts Business Method Patents

In a closely watched case, the U.S. Court of Appeals for the Federal Circuit has restricted business method patents. The 9-3 en banc ruling holds that a business method cannot be patented unless it is tied to a machine or involves a physical transformation, Legal Times reports. The decision, In…

Oct 31, 2008 11:36 AM CDT

Appeals Ruling Strengthens Design Patents

Patent lawyers say a rare en banc ruling this week by the U.S. Court of Appeals for the Federal Circuit strengthens design patents. The decision (PDF) holds that in design infringement suits, courts should use the “ordinary observer” test, which asks whether the designs are substantially the same in the…

Sep 24, 2008 2:18 PM CDT

Next Time, Wear a Tie, Fed’l Circuit Judge Tells Left Coast Lawyer

A popped collar button on a Seattle lawyer’s dress shirt resulted in a sartorial instruction from Judge Randall Rader at the conclusion of a recent argument before a federal appeals court panel in Washington, D.C. “Next time, wear a tie. This is the Federal Circuit,” Rader called out to attorney…

Aug 21, 2008 8:07 PM CDT

Mexican Man Awarded $550k Over Pot-Laden SUV Sold By US Customs

A Mexican man who was convicted and jailed in his home country after a search revealed that the SUV he and his business partner had purchased at a U.S. Customs auction was stuffed with marijuana, has been awarded more than $550,000 in compensation. Francisco Javier Rivera Agredano and the partner…

Aug 19, 2008 4:53 PM CDT

Fed’l Judge Threatens to Hold Gitmo Lawyers’ Feet to Fire

A federal judge in Washington, D.C., who is hearing appeals from 200 terrorism detainees at the U.S. military prison at Guantanamo Bay in Cuba told lawyers for both sides yesterday that the cases must be handled as quickly as possible. But that won’t be as easy as the detainees, U.S.…

Jul 9, 2008 5:22 PM CDT

If Not Gitmo, NIMBY, Senators Say; Detainee Not Yet Told of Appellate Win

After an appellate court ruling that a military prisoner held for more than six years without trial was improperly classified as an “enemy combatant,” the closure of the military detention facility at Guantanamo Bay—as called for by the presumptive presidential candidates for both major political parties—appears likely. But where should…

Jun 25, 2008 9:59 PM CDT

Judge a Reluctant Ref in Landmark Battle Over White House Subpoenas

Asked by Congressional lawyers yesterday to require the White House to comply with House Judiciary Committee subpoenas of two high-level aides, Federal District Court Judge John Bates was a reluctant referee in the landmark court battle. “Whether I rule for the executive branch or I rule for the legislative branch,…

Jun 24, 2008 8:08 PM CDT

Federal Circuit to Consider Patents for Business Methods Today

The U.S. Court of Appeals for the Federal Circuit will consider a case today that will help determine what kinds of business methods are eligible for patents. The case, In re Bilski, asks whether a patent can be issued for a method used by a commodity provider to manage the…

May 8, 2008 10:45 AM CDT

Federal Circuit Rules for TiVo in Key DVR Case

In an important case involving “time-shifting” video recording technology, a federal appeals court has ruled that EchoStar Holding Corp. and Dish Network Corp. have been illegally using the software created by TiVo Inc. Thursday’s decision (PDF) by the U.S. Court of Appeals for the Federal Circuit, comes as TiVo, based…

Jan 31, 2008 10:56 PM CST

Patent Pushback

The Federal Circuit gets the message, may be loosening patent protections

Dec 1, 2007 5:52 PM CST

Infringement Anomaly: States Can Sue But Not Be Sued

A recent ruling by the U.S. Court of Appeals for the Federal Circuit that preserves state immunity in patent suits—even if the state sues to enforce its own patents—is sparking new debate over the issue. The appeals court ruled (PDF) late last month against Biomedical Patent Management Corp., which had…

Nov 13, 2007 3:40 PM CST