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Appeals Standing Judicial Authority

EDRM - Electronic Discovery Reference Model

Protective Order Barring Use of Discovery Materials in Other Litigation Was Vacated

[EDRM Editor’s Note: The opinions and positions are those of Michael Berman.] A protective order barring post-settlement use by plaintiffs’ counsel of defendant’s discovery responses in other litigation was vacated in Cordero...more

Knobbe Martens

No Injury, No Appeal: Patent Owners Must Show Actual Injury for Article III Standing

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DOLBY LABORATORIES LICENSING CORPORATION v. UNIFIED PATENTS, LLC - Before Moore, Clevenger and Chen.  Appeal from the Patent Trial and Appeal Board. A patent owner lacks Article III standing to appeal an inter partes review...more

Loeb & Loeb LLP

In Re: OpenAI Inc., Copyright Infringement Litigation

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District court denies motion to reconsider dismissal of claims that OpenAI removed copyright management information in violation of Digital Millenium Copyright Act, holding that inconsistency between dismissal order and...more

Epstein Becker & Green

Upholding State Exclusion of Planned Parenthood from Medicaid, and Three Other Split Decisions - SCOTUS Today

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The U.S. Supreme Court decision yesterday that likely will get the most attention is Medina v. Planned Parenthood South Atlantic, in which a 6–3 Court that lined up according to the conservative vs. liberal stereotype, held...more

McDermott Will & Schulte

Speculation of Harm Isn’t Standing: Not Every Adverse Board Decision Is Ticket to Appeal

After assessing whether a patent owner had standing to appeal the Patent Trial & Appeal Board’s final written decision, the US Court of Appeals for the Federal Circuit found no injury in fact to support Article III...more

Dorsey & Whitney LLP

The Supreme Court Update - June 2, 2025

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The Supreme Court of the United States granted certiorari in four cases today: Bost v. Illinois State Board of Elections, No. 24-568: This case involves an Illinois law that required mail-in ballots to be counted as long...more

Goodwin

New York’s Highest Court Agrees To Hear Constitutional Challenge to Estoppel Provision of FAPA

Goodwin on

On May 20, 2025, the New York Court of Appeals agreed to hear constitutional challenges to one aspect of New York’s Foreclosure Abuse Prevention Act (FAPA). ...more

Snell & Wilmer

First Circuit Upholds Denial of Preliminary Injunction Against Massachusetts’ Ban on Assault Weapons and Large-Capacity Magazines

Snell & Wilmer on

In April 2025, the U.S. Court of Appeals for the First Circuit decided Capen v. Campbell, a case arising from a challenge to Massachusetts’ ban on assault weapons and large-capacity magazines. The court affirmed a district...more

McDermott Will & Schulte

No Article III Appellate Standing Under the Sun

The US Court of Appeals for the Federal Circuit dismissed Incyte’s appeal of a Patent Trial & Appeal Board decision, holding that a disappointed validity challenger lacked appellate standing to challenge the Board’s final...more

Goldberg Segalla

U.S. Supreme Court Ends Youth Climate Change Suit

Goldberg Segalla on

On March 24, in Kelsey Cascadia Rose Juliana et al. v. United States of America et al., the U.S. Supreme Court rejected a petition to hear an appeal from Our Children’s Trust from the Ninth Circuit Court of Appeals decision...more

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