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22 May 2024, 7:00 am
The District Court later dismissed the Complaint on substantive grounds, resulting in the Plaintiffs’ appeal to the Eighth Circuit. [read post]
21 May 2024, 9:01 pm
The Final Rule is considerably narrower in scope from the rule the DOL adopted in 2016 (which the Fifth Circuit vacated in its entirety two years later)1 since it limits fiduciary status to recommendations made by persons who effectively hold themselves out as occupying a position of trust and confidence with respect to a retirement investor. [read post]
21 May 2024, 3:01 pm
We hope the Supreme Court agrees to hear this appeal and reverses the decision of the Fifth Circuit. [read post]
21 May 2024, 11:17 am
Court of Appeals for the Federal Circuit (CAFC)—minus Judges Newman and Cunningham—today overruled the so-called Rosen-Durling test for determining design patent obviousness, explaining that it has adopted “an approach consistent with Congress’s statutory scheme for design patents, which provides that the same conditions for patentability that apply to utility patents apply to design patents. [read post]
21 May 2024, 11:17 am
Court of Appeals for the Federal Circuit (CAFC)—minus Judges Newman and Cunningham—today overruled the so-called Rosen-Durling test for determining design patent obviousness, explaining that it has adopted “an approach consistent with Congress’s statutory scheme for design patents, which provides that the same conditions for patentability that apply to utility patents apply to design patents. [read post]
21 May 2024, 9:45 am
LKQ appealed to the Federal Circuit, arguing that KSR overruled or abrogated the Rosen-Durling test. [read post]
21 May 2024, 9:21 am
Law.com has Which Federal Appeals Courts Grant Oral Argument the Most and Least Often? [read post]
21 May 2024, 8:17 am
This post summarizes published criminal and related decisions of interest from the Fourth Circuit Court of Appeals in April 2024. [read post]
21 May 2024, 5:00 am
Harvie Wilkinson III of the Fourth Circuit Court of Appeals. [read post]
21 May 2024, 4:00 am
Last year her pro-Trump rulings in this case were humiliatingly reversed by the extremely conservative Eleventh Circuit Court of Appeals. [read post]
21 May 2024, 2:49 am
The Court took this case on appeal from the Fifth Circuit, which we have previously reported on, reversing the judgment and remanding for further proceedings. [read post]
21 May 2024, 2:35 am
However, on appeal to the Eleventh Circuit, the time limitation decision was overturned. [read post]
20 May 2024, 9:05 pm
On appeal, the Second Circuit opined that the Purchaser-Seller Rule must be narrowly construed because the Section 10(b) private action was a judicial creation. [read post]
20 May 2024, 9:05 pm
Court of Appeals for the D.C. [read post]
20 May 2024, 7:58 pm
The same year that US authorities transferred Khadr to Canada, however, the US Court of Appeals for the District of Columbia Circuit—the federal court of appeals that presides over the Bush administration’s military review court—issued a ruling on the 2006 law under which Khadr was convicted. [read post]
20 May 2024, 4:25 pm
The Federal Circuit affirmed on appeal, holding that for PTA, “the expiration date used for an ODP analysis . . . is the expiration date after the PTA has been added. [read post]
20 May 2024, 3:23 pm
by Dennis Crouch The Federal Circuit’s recent decision in Dragon Intellectual Property LLC v. [read post]
20 May 2024, 1:37 pm
Saffarinia, the court unanimously affirmed the conviction of a former federal official. [read post]
20 May 2024, 11:21 am
Regardless of the outcome of the pending lawsuits, we anticipate that the losing party(ies) will appeal the decision, and that such challenges will continue until this issue reaches the Supreme Court’s doors (a process that could take upwards of 18 to 24 months, plus additional time for the Supreme Court to resolve the question). [read post]
20 May 2024, 10:15 am
Court of Appeals for the Federal Circuit (CAFC) on Monday, May 20, said in a precedential decision that fees incurred during inter partes review (IPR) proceedings are not recoverable under the “exceptionality” rule of 35 U.S.C. [read post]
