News & Analysis as of

Remand

Sheppard Mullin Richter & Hampton LLP

Deletions Matter: The Federal Circuit Rejects Importing Language from Provisional and Related Patent into FMC’s Asserted Claims

This case addresses two primary issues (i) whether the district court erred in construing the claim term “composition” in FMC’s pesticide patents to mean only “stable compositions,” based on disclosures found in a provisional...more

McDermott Will & Schulte

Expert had firm grip on Rule 702

The US Court of Appeals for the Federal Circuit reversed an exclusion of expert testimony and grant of judgment as a matter of law, finding that the district court improperly conflated admissibility with credibility and...more

Troutman Pepper Locke

D.C. Circuit Confirms FERC’s Section 206 Authority to Reprice PJM Capacity Auctions Despite Third Circuit Section 205 Ruling

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On January 13, 2026, the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit) in FERC v. PJM Interconnection, LLC., et al., held that FERC erred in concluding that a prior decision of the United...more

Vinson & Elkins LLP

Texas Business Court Quarterly Update – 2025 Q4 Summaries

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In the final quarter of 2025, the Texas Business Court closed its first calendar year of operation with a full slate of notable opinions. The Business Court continued to release opinions clarifying its jurisdiction, including...more

Sheppard Mullin Richter & Hampton LLP

The Federal Circuit Remands for a New Trial After Finding Untimely Expert Disclosure

The Federal Circuit reversed the district court’s admission of D R Burton Healthcare’s expert testimony due to untimely disclosure and unreliability under the Federal Rules of Evidence 702. The Federal Circuit also reversed...more

Baker Botts L.L.P.

Fourteenth Court of Appeals Further Limits Non-Economic Damages in ExxonMobil v. Brown

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In ExxonMobil Corp. v. Brown, the Fourteenth Court of Appeals has continued appellate-court efforts to define the contours of proving and evaluating non-economic damages in Texas....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Lessons From Appellate Practice: The Mixed Blessings of Supplemental Jurisdiction

For plaintiffs and defendants alike, there is a strong temptation to include and keep all claims in one lawsuit. After all, the likely alternative is litigating multiple lawsuits, either at once or serially. Practitioners,...more

McDermott Will & Schulte

Equivalents still requires all elements be met, injunctive relief still governed by eBay factors

The US Court of Appeals for the Federal Circuit issued a mixed ruling in a dispute over patents covering child car seat technology, explaining that infringement under the doctrine of equivalents requires an equivalent for...more

Perkins Coie

Epic v. Apple: The Ninth Circuit Weighs In

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To ensure its ability to collect a commission, Apple’s rules have historically prohibited app developers from including links that would facilitate customers leaving the app to make a purchase elsewhere. This practice was...more

Akin Gump Strauss Hauer & Feld LLP

Ineffective Retroactive Amendment of Patent Assignment Dooms $20 Million Damages Verdict

The Federal Circuit recently vacated a $20 million jury verdict in favor of a patentee and remanded with instructions to dismiss the case for lack of subject matter jurisdiction, finding that the patentee did not own the...more

Carlton Fields

Ninth Circuit Affirms Order Denying Motion for Stay of Remand Order Pending Appeal, Declines to Extend Coinbase Ruling

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In California v. Express Scripts Inc., the Ninth Circuit Court of Appeals considered whether to extend the Supreme Court’s 2023 decision in Coinbase Inc. v. Bielski, which held that a district court must enter an automatic...more

Foley & Lardner LLP

No Score on “Gol”: SDNY Rejects Non-Consensual Third-Party Releases and Finds That Opt-Outs Do Not Constitute Consent

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The recent December 1, 2025, opinion from Judge Denise Cote of the SDNY reversing confirmation of the Gol Linhas “Plan of Reorganization” and remanding it to the bankruptcy court with the offending third-party release...more

Freeman Mathis & Gary

Appellate Practice: The right-for-any-reason rule

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As a general rule, the scope of appellate review is limited to issues that were raised by the parties and ruled on by the trial court. As a result, appellate courts often refuse to rule on issues that are raised for the first...more

Mayer Brown Free Writings + Perspectives

SEC Order Delays Compliance Dates for Securities Lending Reporting and Short Position and Short Activity Reporting

Yesterday, the Securities and Exchange Commission issued an order (the “Order”) that provides a temporary exemption from compliance with the short position and short activity reporting rule (Rule 13f-2 and Form SHO reporting)...more

Sheppard Mullin Richter & Hampton LLP

Claim Construction: Indefinite or Clerical Error?

This Federal Circuit opinion analyzes the “very demanding standard” of judicial correction of erroneous wording of a patent claim. Background - Canatex Completion Solutions owns U.S. Patent No. 10,794,122. This patent...more

Haynes Boone

USDA’s Bioengineered Disclosure Rule Faces Changes after Ninth Circuit’s Natural Grocers v. Rollins Ruling

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On Oct. 31, 2025, the Ninth Circuit issued an opinion that will likely drive substantial changes to federal regulations governing label disclosures of bioengineered (BE) food. The court rejected the U.S. Department of...more

McNees Wallace & Nurick LLC

Political Speech Collides with Company Policy: The 8th Circuit Sides with Home Depot in Prohibiting BLM Insignia

The US Court of Appeals for the Eighth Circuit vacated and remanded a 2024 National Labor Relations Board (NLRB) ruling that found Home Depot violated the National Labor Relations Act (NLRA) by prohibiting an employee from...more

Goldberg Segalla

District Court Denies Defendant’s motion to Stay, Case Pending Appeal of Remand

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Jurisdiction: United States District Court for the Western District of Kentucky, Louisville Division Plaintiff Linda Horton filed a civil lawsuit on Nov. 21, 2024 against GE and other defendants in the Jefferson Circuit...more

A&O Shearman

Federal Circuit Grapples With Standard For Judicial Correction Of Patent Claim Language

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On November 12, 2025, the U.S. Court of Appeals for the Federal Circuit (“CAFC”) reversed and remanded the claim construction decision of the U.S. District Court for the Southern District of Texas that invalidated for...more

Akin Gump Strauss Hauer & Feld LLP

Ninth Circuit: Unlike CUTSA, DTSA Does Not Require a Plaintiff to Identify Their Trade Secrets With Particularity from the Start

The Ninth Circuit recently reversed a district court’s decision to strike a plaintiff’s trade secret claims under the Defend Trade Secrets Act (DTSA) at the discovery stage. In doing so, the Ninth Circuit made clear that...more

Irwin IP LLP

Federal Circuit Vacates Statutory Damages Award, Reaffirms Copyright Owner’s Right to Choose Form of Relief 

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DOLLS KILL, INC., Plaintiff-Appellant, v. MENGERYT, Defendant-Appellee., No. 24-2841, 2025 WL 3033729 (7th Cir. Oct. 30, 2025) - On October 30, 2025, the Seventh Circuit vacated and remanded a judgment in Dolls Kill, Inc....more

Wiley Rein LLP

Ninth Circuit Upends USDA’s Bioengineered Food Disclosure Requirements

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In Natural Grocers v. Rollins, the U.S. Court of Appeals for the Ninth Circuit significantly upended certain parts of the U.S. Department of Agriculture’s (USDA) National Bioengineered Food Disclosure Standard (BE Rule). ...more

Epstein Becker & Green

Eleventh Circuit Allows Qui Tam Relators to Avoid Complaint Dismissal by Using Information Obtained in Discovery

Epstein Becker & Green on

The U.S. Court of Appeals for the Eleventh Circuit held in United States ex rel. Sedona Partners LLC v. Able Moving and Storage Inc., No. 22-13340 (11th Cir. Jul. 25, 2025), that while a district court has the discretion to...more

Marshall Dennehey

Pa. Superior Court Reverses Summary Judgment, Finding Fact Issues on Store’s Duty to Anticipate Off-Premises Assault

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Borth v. Alpha Century Security, Inc., 2025 WL 2181440 (Pa. Super. 2025) - The plaintiff was beaten and robbed a block away from the defendant’s store. Prior to the incident, the plaintiff and the assailant were both in the...more

Robinson & Cole LLP

Assignees Can’t Collude Their Way Into Federal Court

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In Gore and Associates Management Company, Inc. v. SLSCO Ltd., — F.4th —, 2025 WL 2938795 (2025), Plaintiff Gore and Associates Management Company sued Defendant SLSCO Ltd. and its surety, Hartford Fire Insurance Company, as...more

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