Court: United States District Court for the Western District of North Carolina, Charlotte Division - As previously reported here in the Asbestos Case Tracker, in 2017 Bestwall LLC became solely responsible for all...more
The Michigan Supreme Court has a well-known practice of issuing peremptory orders on pending applications for leave to appeal that decide the application without actually granting leave. Consider this order in DiLuigi v RBS...more
Honeywell owns U.S. Patent 9,157,017, which claims automotive air-conditioning systems. The application to the ’017 patent had originally described and recited claims for flouroalkane compounds for use in refrigeration...more
Following on Judge Newman’s dissent in Sanofi-Aventis Deutschland GmbH v. Mylan Pharmaceuticals Inc., parties are seeking to preserve their rights by challenging the Federal Circuit’s holding that a party’s failure to raise...more
Addressing limitations on the role of the Patent Trial and Appeal Board (PTAB), the US Court of Appeals for the Federal Circuit explained that the PTAB erred in rejecting a patent owner’s request to file a request for a...more
Last month, the Illinois Supreme Court granted a petition for leave to appeal the Illinois Appellate Court’s decision in Dynak v. Board of Education of Wooddale School District 7, 2019 IL App (2d) 180551, which held that a...more
HONEYWELL INTERNATIONAL, INC. v. ARKEMA INC., ARKEMA FRA NCE - Before Newman, Reyna, and Hughes. Appeal from the Patent Trial and Appeal Board - Summary: The Patent Trial and Appeal Board (“Board”) does not have the...more
The Appellate Division, Second Department, recently issued a decision that appears to be a departure from prior precedent and is certain to create confusion with respect to when to commence an Article 78 claim challenging a...more
It’s been a hot topic for years: does the North Carolina Supreme Court want to hear from amici when the Court is weighing whether to allow discretionary review of a decision of the Court of Appeals? You can see why amicus...more
Coda Development S.R.O. v. Goodyear Tire & Rubber Co., Appeal No. 2018-1028 (Fed. Cir. Feb. 22, 2019) In an appeal from a district court dismissal of a case seeking correction of inventorship, the Federal Circuit reversed...more
So you entered into a Preliminary Conference and a Compliance Conference Order with your adversary whereby the parties have to exchange discovery by dates certain. The purpose of these orders is to save parties a significant...more
One of the most important factors in preserving your appellate rights is knowing when the clock starts running on your deadline to appeal. While the answer may appear simple as a matter of course, that is not always the case....more
When considering whether an amicus brief may benefit your case, it pays to remember that the Latin term amicus curiae, after which amicus briefs are named, means “friend of the court.” An amicus brief that actually helps the...more