On September 16, 2024, the United States Court of Appeals for the Federal Circuit (“CAFC”) issued an opinion vacating and remanding a decision from the District Court of Minnesota which held the asserted claims of medical patents to be indefinite. Vascular Solutions LLC, Teleflex LLC, Arrow...
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s Rule 12 motion and invalidating Hawk’s patent claims related to video surveillance technology. On appeal the Federal Circuit affirmed the district court ruling. The district court then granted our client more than $106k in attorneys fees, finding the entirety of Finnegan’s attorneys ...
In a precedential decision, the U.S. Court of Appeals for the Federal Circuit addressed the standard for filing documents with a court under seal. InUniloc 2017 LLC, et al. v. Apple, Inc., Appeal No. 2019-1922, the Court affirmed in orders of the U.S. District Court for the Norther...
Federal Circuit: Lack of Bona Fide Intent to Use at the Time of Filing Fatal to Trademark ApplicationGorbach, Janina
the U.S. Court of Appeals for the Federal Circuit put an end to that,holding that the TTAB lacks the statutory authority to cancel a registration in its entirety due to a fraudulent incontestability filing. As to what the penalty for such a fraudulent filing is or could be, well, t...
fees.[10]The IFP doctrine was formalized by Congress in 1892,[11]and is today codified as 28 U.S.C. § 1915.[12]The statute permits a federal court to authorize proceeding IFP when a litigant offers a good faith affidavit stating “that the person is unable t...
The district court's denial of a motion for new trial because the verdict is against the weight of the evidence is reviewed for abuse of discretion. Seachange, 413 F.3d at 1368. In the Third Circuit, a court "exercises its own judgment in assessing" the weight of the evidence when ...
This changes the longstanding practice of the Federal Circuit to interpret “residence” as being any state in which a defendant corporation simply conducts business. This interpretation has allowed unfettered forum shopping which generally results in shopping and filing in the Eastern District of Texas...
2011-1032 United States Court of Appeals for the Federal Circuit ASHBURN BYWATERS, CARL LANCASTER, BETTY L. HOHENBERGER, ORMAN RODERICK, JUNE RODERICK, and NAN O. BEELER, Plaintiffs-Appellants, v. UNITED STATES, Defendant-Appellee. Appeals from the United States District Court for the Eastern...