‘Clear error’ standard of review in factual disputes applies in patent claims, SCOTUS says

The U.S. Supreme Court has ruled for a drug company fighting generic competitors in a decision on the proper standard of review in patent infringement cases involving factual issues. In a 7-2 decision (PDF), the Supreme Court held that factual conclusions by trial judges in claim construction cases should be…

Jan 20, 2015 10:45 AM CST

Federal appeals court blasts attorney for forwarding chief judge’s congratulatory email

After receiving a congratulatory email earlier this year from the sitting chief judge of the U.S. Court of Appeals for the Federal Circuit, a prominent patent lawyer did what the email expressly suggested and forwarded the praise to others. Edward Reines sent the email to more than 70 current or…

Nov 5, 2014 4:18 PM CST

Pacer deletes older case files for four appeals courts; compatibility issues cited

Be prepared to jump through some hoops if you would like to access older, closed court records for patent appeals or cases in federal appeals courts based in Chicago, Atlanta and New York. On Aug. 10, the federal courts announced that older court records were being deleted from Pacer for…

Aug 27, 2014 11:15 AM CDT

Federal Circuit gets reined in over patent fees in infringement suits

Jul 1, 2014 8:50 AM CDT

Federal appeals judge to retire, teach IP classes after controversial email to patent lawyer

A federal appeals court judge who recently stepped down from a leadership role after a controversial email praising a patent attorney’s skills has now announced his retirement from the bench, effective at the end of the month. Judge Randall R. Rader of the U.S. Court of Appeals for the Federal…

Jun 16, 2014 5:05 PM CDT

‘Stop the Islamization of America’ is disparaging and can’t be trademarked, Federal Circuit says

The U.S. Court of Appeals for the Federal Circuit has refused a trademark for the phrase “Stop the Islamization of America” because it is disparaging to Muslims. The Federal Circuit ruled on Tuesday against blogger Pamela Geller, who founded a group by that name and runs a website called “Stop!…

May 14, 2014 12:36 PM CDT

Oracle wins copyright ruling in battle over Google’s Android software

The U.S. Court of Appeals for the Federal Circuit has given Oracle a big win in its suit claiming Google used its patented and copyrighted Java technology in Android software. The appeals court ruled that application programming interfaces, or APIs, are covered by U.S. copyright law, the San Jose Mercury…

May 12, 2014 1:53 PM CDT

Federal appeals judges failed to recuse themselves for financial conflicts of interest, study finds

More than a dozen judges on the U.S. circuit courts sat on panels deciding cases in which they had financial interest in one of the parties, according to an investigation by the Center for Public Integrity. In reviewing financial disclosures of 255 of the 258 judges on the 13 appellate…

Apr 28, 2014 5:05 PM CDT

Artist sues US over Statue of Liberty stamp, says it depicts his Vegas sculpture, not the original

An artist who sculpted a replica of the Statue of Liberty that appears outside a Las Vegas casino-hotel has sued the U.S. Postal Service for copyright infringement. The USPS used a photograph of the Sin City statue’s head, not the original lady in New York Harbor, on a “forever” stamp,…

Dec 3, 2013 8:31 PM CST

Funding cuts threaten federal courts’ ability to do their work, ABA cautions Congress

Dec 1, 2013 7:40 AM CST

First openly gay federal appeals judge confirmed; Obama names 3 nominees for district, circuit bench

September has been a noteworthy month as far as the federal judiciary is concerned. The U.S. Senate unanimously confirmed Tuesday, in a 98-0 vote, former Department of Justice lawyer Todd Hughes for a seat on the U.S. Court of Appeals for the Federal Circuit. He is the highest-ranking openly gay…

Sep 24, 2013 9:55 PM CDT

Group of Federal Judges Plans to Seek Class Action Status in Suit Over Unpaid Cost-of-Living Raises

Earlier this year, a federal appeals court told Congress to ante up for years of unpaid cost-of-living increases to six federal judges. Now a group including senior U.S. District Judge Royal Furgeson Jr. of Texas, who serves as president of the Federal Judges Association, plans to sue on behalf of…

Dec 14, 2012 7:57 PM CST

Fed. Circuit Says Trial Judge Abused Discretion in Smartphone Sales Ban, Aligns with Posner View

In a Thursday ruling in one of several recent patent cases related to smartphone technology, a federal appeals court said a U.S. District Court judge in California abused her discretion by granting a pretrial injunction sought by Apple Inc. that banned sales of the Galaxy Nexus marketed by Samsung Electronics…

Oct 12, 2012 9:38 PM CDT

Federal Circuit Gives Veteran SEC Lawyer Fired Over Inappropriate Email Another Chance to Regain Job

A trial lawyer for the U.S. Securities and Exchange Commission who was fired after nearly 18 years on the job for sending inappropriate email will get another chance to keep his job. An arbitrator erred by refusing to let Jeffrey Norris present medical evidence that the circumstances which led to…

Apr 10, 2012 9:43 PM CDT

Left Behind: ABA Says Make Disabilities Part of Diversity Mix on Federal Bench

Apr 1, 2012 6:10 AM CDT