Federal Circuit Court

A Comeback for the Federal Circuit: This Term, SCOTUS Is No Longer the ‘Court of Correction’

It had been a tough 10 years for the U.S. Court of Appeals for the Federal Circuit. Created in part to provide definitive rulings on patent law, the Federal Circuit found its patent rulings be coming anything but definitive—thanks to the U.S. Supreme Court. Starting in 2000, the high court…

Sep 1, 2011 8:00 AM CDT

Federal Circuit Rules Isolated Genes Can Be Patented

A federal appeals court has ruled that companies can patent isolated human genes, overturning a lower court ruling that had surprised some observers. The U.S. Court of Appeals for the Federal Circuit ruled on Friday for Myriad Genetics Inc. and its patents on genes associated with increased risk of breast…

Aug 1, 2011 1:19 PM CDT

Fast-Forward: Federal Circuit Makes It Easier to Enforce Injunctions in Patent Cases

The U.S. Court of Appeals for the Federal Circuit has changed the equation in patent enforcement by making it easier to bring contempt proceedings against a defendant for violating an injunction. In its April en banc decision in TiVo Inc. v. EchoStar Corp., the Federal Circuit also said courts should…

Aug 1, 2011 7:30 AM CDT

Ex-BigLaw Attorneys at MoloLamken Add Patent Appellate Win to String of Supreme Court Victories

Not quite two years after leaving BigLaw to form their own boutique, two former partners are celebrating a string of noteworthy victories. Helped by referrals from their former firms, as well as other major partnerships, Steven Molo and Jeffrey Lamken have a book of business that gives them at least…

May 31, 2011 9:43 PM CDT

Federal Circuit Nixes Wells Fargo Tax Plan Involving Sale-In, Lease-Out Deals

Wells Fargo & Co wrongly claimed $115 million in tax deductions for the 2002 tax year, the U.S. Court of Appeals for the Federal Circuit ruled Friday. The opinion (PDF) addresses Wells Fargo’s attempted use of “sale-in, lease out” transactions, the Wall Street Journal (sub. req.) reports. Those transactions involve…

Apr 15, 2011 7:41 PM CDT

Federal Court Questions Parkland Status Removal in Brooklyn Bridge Park Project

The National Park Service illegally removed two New York City Civil War-era buildings from parkland protection, said a New York U.S. district court judge Friday in a preliminary injunction order. The plan, according to the New York Post, was meant to boost private developer involvement in the Brooklyn Bridge Park…

Apr 11, 2011 3:28 PM CDT

Federal Court Fines Lawyer $1K for ‘Extensive Use of Improper Confidentiality Markings’

There’s no Federal Rule of Civil Procedure that explicitly governs the use of the “confidential” stamp. But, finding that FRCP 26 and 28(d) implicitly require disclosure unless documents are designated confidential by statute or judicial order, a federal appeals court has imposed a $1,000 fine on attorney Daniel Shapiro of…

Mar 31, 2011 7:07 PM CDT

FCC Nears Ruling on Signal Boosters

One of the latest innovations in wireless may be something the wireless industry doesn’t want consumers to own. These innovations, called signal boosters, amplify cell phone signals. For anyone who’s ever had spotty cell phone service, the appeal of these personal cell phone towers is obvious. But the nation’s wireless…

Mar 1, 2011 10:22 AM CST

SEC Is Giving Whistle-Blower Protection One Last Lick

The Wall Street financial meltdown left the markets in turmoil. It also led to the most expansive legislative overhaul of financial supervision since the 1930s New Deal: the Dodd-Frank Wall Street Reform and Consumer Protection Act. Part of the law, passed by Congress last July, juices the ability of the…

Mar 1, 2011 10:20 AM CST

Patent Law Issue Puts $33M Law Firm Malpractice Case Squarely Into Federal Court

Vacating a dismissal by a U.S. District Court, an appellate panel has ruled that a patent law issue in a $33 million malpractice claim against a Detroit-based law firm puts the case squarely into federal jurisdiction. Because at least one of the plaintiff’s claims in Warrior Sports Inc. v. Dickinson…

Jan 13, 2011 9:16 PM CST

Appeals Court Reinstates Uniloc Win in Microsoft Case, But Calls for New Trial re $390M Jury Award

A federal appeals court has reinstated a jury verdict against Microsoft Corp. in favor of anti-piracy software maker Uniloc USA Inc. However, a $388 million jury award to Uniloc in the patent case was “fundamentally tainted,” requiring a new trial on damages, said the U.S. Court of Appeals for the…

Jan 4, 2011 7:00 PM CST

Google Sues Feds, Alleges Anti-Competitive Bid Specs for E-Mail Contract Proposal

Google Inc. has turned the tables on the feds, alleging that the U.S. Department of the Interior has illegally restricted competition among potential bidders for an e-mail contract by requiring that the system had to be included in the Microsoft Business Productivity Online Suite The specifications are “unduly restrictive of…

Nov 1, 2010 9:04 PM CDT

US Amicus Brief Reverses Course on Gene Patenting, Conflicts with PTO

In an amicus brief filed late Friday, the U.S. government takes the position that genes should not be eligible for patents. The assertion reverses policy and is contrary to the long-standing practice of the Patent and Trademark Office, the New York Times reports. “The new position could have a huge…

Nov 1, 2010 2:04 PM CDT

Federal Circuit Rules for Lawyer Who Sued Over Expired Bow Tie Patent

A lawyer who sued Brooks Brothers for selling Adjustolox bow ties with expired patent markings has standing to pursue his qui tam suit, a federal appeals court has ruled. In a decision (PDF) issued Tuesday, the U.S. Court of Appeals for the Federal Circuit ruled patent lawyer Raymond Stauffer did…

Sep 1, 2010 1:33 PM CDT

WilmerHale Partner Is First Openly Gay Man Nominated to US Appeals Court

President Obama made history last week when he nominated a WilmerHale appellate litigation partner to the U.S. Court of Appeals for the Federal Circuit. The nominee, Edward DuMont, is the first openly gay person to be nominated to a federal appeals court, according to Metro Weekly and the Keen News…

Apr 27, 2010 12:52 PM CDT