Jurisdiction, Appellate Review

Motions For Rehearing: An Often Overlooked Preservation Requirement

Carlton Fields on 12/27/2023

Judges and jurists alike champion the notion that rehearings should be used sparingly and only when the conditions are just right. A lesser known concept is that sometimes a motion for rehearing is absolutely necessary to...more

When Can the PTO Extend a Patent’s Term Due to Delay From an Appeal?

Knobbe Martens on 2/10/2021

CHUDIK V. HIRSHFELD - Before Taranto, Bryson, and Hughes. Appeal from the United State District Court for the Eastern District of Virginia - Summary: An examiner’s self-reversal may not qualify as “reversing an...more

Battling Over Battlegrounds: Climate Torts Return to the Supreme Court

(ACOEL) | American College of Environmental... on 1/22/2021

The brawl over climate tort liability has returned, again, to the U.S. Supreme Court. In its first skirmish in 2011, the Court in Connecticut v. American Electric Power swept the board by declaring that the federal Clean Air...more

Court Holds That Order Allowing A Successor Trustee And Reinstating A Prior Trustee Is Appealable

Winstead PC on 4/19/2016

In In re Tipps, an elderly woman’s son became trustee of a trust due to her incompetency, and the son and his brother went to a mediation concerning a guardianship proceeding and other issues. No. 05-14-01495-CV, 2016 Tex....more

Ninth Circuit: No Relief from Stay in General Mills’ Trans Fats Case Pending FDA Action

Morrison & Foerster LLP - Class Dismissed on 2/12/2016

The Ninth Circuit will not review district court stays, the appeals court recently held, because they are not “final orders” subject to immediate appeal. On January 26, 2015, the Ninth Circuit granted General Mills’ motion to...more

Court of Appeals for the Federal Circuit Sides With PTAB in Inter Partes Review Appeal

Sheppard Mullin Richter & Hampton LLP on 2/6/2015

In a decision imparting more certainty to the Post Grant Review process, the Court of Appeals for the Federal Circuit (the “CAFC”) held that it lacks jurisdiction to review the Patent and Trademark Office’s (the “PTO’s”)...more