On February 29, 2024, the Ninth Circuit issued its opinion in Lexington Insurance Co. v. Smith (Suquamish Tribe). The Court affirmed the tribal court’s subject-matter jurisdiction over Lexington pursuant to the Tribe’s...more
3/8/2024
/ Appeals ,
Dismissal With Prejudice ,
Federal Court Litigation ,
Insurance Industry ,
Jurisdiction ,
Lack of Jurisdiction ,
Motion to Dismiss ,
Reservation of Rights ,
SCOTUS ,
Subject Matter Jurisdiction ,
Surplus Lines Insurance ,
Tribal Courts
In the wake of the Supreme Court’s decision in Jack Daniels Properties Inc. v. VIP Products LLC, 599 U.S. 140 (2023), the Ninth Circuit reversed its earlier decision affirming that a publication called Punchbowl News did not...more
The Supreme Court unanimously held last week in Amgen v. Sanofi that a patent’s specification must enable a person skilled in the art to make and use the full scope of the invention as defined by its claims.
Amgen sued...more
The Federal Circuit recently denied a mandamus petition seeking relief from a district court order denying a motion to dismiss a patent case for improper venue under 28 U.S.C. § 1400(b).
Bel Power Solutions, Inc. sued...more
The Supreme Court held that lack of knowledge of either fact or law can excuse inaccuracies in a copyright registration under Section 411(b)’s safe harbor provision of the Copyright Act....more
By Dan Staren and David Barker Last week, a Federal Circuit panel vacated a billion dollar jury verdict in favor of plaintiff-appellee California Institute of Technology (“Caltech”) and remanded for a new trial on damages...more
The Supreme Court held this week that the United States Patent and Trademark Office’s (“USPTO”) appointment of Patent Trial and Appeal Board (“PTAB”) judges cannot be constitutionally enforced because the USPTO director does...more
The Federal Circuit’s recent decisions in American Axle & Manufacturing, Inc. v. Neapco Holdings LLC have not clarified the standard for patent eligibility under 35 U.S.C. § 101 (see a previous analysis of § 101’s...more
Today a unanimous Supreme Court struck down the Copyright Remedy Clarification Act of 1990 (“CRCA”), which sought to expose States to copyright infringement suits. See 17 U.S.C. § 511(a). The Court’s decision in Allen v....more
The Supreme Court unanimously held that the United States Patent and Trademark Office (PTO) may not recover the salaries of its legal personnel as “expenses” in a civil action challenging an adverse decision by the PTO under...more
12/13/2019
/ American Rule ,
Attorney's Fees ,
Civil Claims ,
Fee-Shifting ,
Litigation Fees & Costs ,
Patent Act ,
Patent Applicants ,
Peter v NantKwest Inc ,
Prevailing Party ,
Remedies ,
SCOTUS ,
Section 145 ,
Summary Judgment ,
USPTO