News & Analysis as of

Appellate Courts Appeals Government Agencies

Sterne, Kessler, Goldstein & Fox P.L.L.C.

IP Hot Topic: Federal Circuit Leaves Open Questions Regarding Jurisdiction of Sanction Decisions

In an April IP Hot Topic, we noted that the Federal Circuit left open in RealTek Semiconductor Corp. v. ITC, Appeal, No. 23-1095 (March 18, 2025) the question whether a petitioner may avoid sanctions by simply terminating an...more

Proskauer - The Patent Playbook

PTO Defends its Recent Policy Changes Regarding Discretionary Denials

In the past few months, the U.S. Patent and Trademark Office (“PTO”) Acting Director has made substantial changes to the process for, and factors considered in, exercising discretion to deny institution of an inter partes...more

Orrick, Herrington & Sutcliffe LLP

D.C. Circuit to decide whether to stay district court Judge Jackson’s injunction in CFPB union case

As previously covered by this Orrick Insight, the U.S. District Court for the District of Columbia on March 28 enjoined the CFPB from “eliminat[ing] the agency before the Court has the opportunity to decide whether the law...more

McDermott Will & Schulte

An Odyssey of Timeliness: Appointments Clause Arguments Must Be Preserved

Citing forfeiture, the US Court of Appeals for the Federal Circuit upheld the dismissal of a complaint against the US Patent & Trademark Office (PTO). The complaint sought director review of a 2018 Patent Trial & Appeal Board...more

Stevens & Lee

First Circuit Rules Against Government in False Claims Act Case

Stevens & Lee on

On Feb. 18, in U.S. v. Regeneron Pharmaceuticals, the First Circuit Court of Appeals joined the Sixth Circuit and the Eighth Circuit in holding that, for purposes of establishing that a claim for payment of items or services...more

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