A Judicial Perspective on Using Technology at Oral Argument | Judge John Owens | Texas Appellate Law Podcast
The en banc Federal Circuit recently reversed a panel decision in Percipient.ai, Inc. v. United States, and its possible expansion of the US Court of Federal Claims’ bid protest jurisdiction. The ruling, issued on August 28,...more
In Percipient.ai, Inc. v. United States, U.S. Court of Appeals for the Federal Circuit, No. 2023-1970 (Decided Aug. 28, 2025), Percipient.ai challenged a task order award by the National Geospatial-Intelligence Agency (NGA),...more
On August 28, 2025, the Federal Circuit issued an important en banc decision in Percipient.ai, Inc. v. United States that notably clarifies who qualifies as an “interested party” with standing to bring a bid protest under the...more
WHAT: In Percipient.ai, Inc. v. United States, the U.S. Court of Appeals for the Federal Circuit held in a 7-4 en banc decision that the definition of “interested party” under the Tucker Act (28 U.S.C. § 1491(b)(1)) remains...more
U.S. Eleventh Circuit Court of Appeals - ECB v. Savencia Cheese - personal jurisdiction - Hoak v. NCR - ERISA, employer’s top hat compensation plans - Henry v. Tuscaloosa Sheriff - en banc order, vacating this...more
On August 15, the U.S. Court of Appeals for the District of Columbia Circuit vacated a district court’s preliminary injunction that prevented the CFPB from taking actions regarding its employment, contracts and facilities...more
U.S. Eleventh Circuit Court of Appeals - Kanapuram v. CIS - immigration - Wu v. Liu - removal, arbitration, remand, appellate jurisdiction - USA v. Morris - jury interrogatory, specific firearm - Malak v. Soc Sec...more
In the wake of the Supreme Court’s elimination of “Chevron deference” in the Loper decision, many commentators have suggested that the ITC’s authority over unfair imports under Section 337 might be curtailed. See Loper Bright...more
On June 14, 2024, the Sixth DCA limited an officer’s authority to conduct DUI investigations that extend into other jurisdictions, and in doing so, has created a conflict with existing Florida law. In State v. Repple, the...more
On July 17, 2023, in Hunley v. Instagram, LLC, No. 22-15293, the Ninth Circuit reaffirmed the "server test," which protects websites from copyright liability for embedding images that are hosted on another website's server....more
In the case of Drazen v. Pinto, the 11th Circuit Court of Appeals sitting en banc ruled unanimously that plaintiffs who received a single unwanted telemarketing text message suffered a concrete injury. In 2019, Susan...more
On June 1, 2023, an en banc panel of the U.S. Court of Appeals for the Ninth Circuit issued a much-anticipated decision in Lee v. Fisher, No. 21-15923, enforcing a forum selection clause in Gap Inc.’s corporate bylaws that...more
We recently wrote about the Eleventh Circuit’s May 2022 decision in Corporacion AIC, S.A. v. Hidroelectrica Santa Rita S.A. (AICSA v. HSR), holding that FAA grounds for vacating domestic arbitration awards are not available...more
The Fifth Circuit's opinion creates a circuit split that raises the possibility of a Supreme Court review. On December 13, 2021, the Fifth Circuit issued an en banc opinion in Cochran v. U.S. Securities & Exchange...more
The FTC, and antitrust enforcement in general, are having their moment. For example, in early January the Supreme Court heard oral arguments in AMG Capital Management v. Federal Trade Commission, a case questioning the FTC’s...more
On December 30, 2020, the United States Court of Appeals for the Eighth Circuit reversed its long-standing precedent and joined other circuits in holding that the forum-defendant rule is not jurisdictional. State diversity...more
On October 31, 2019, an en banc panel of the Pennsylvania Superior Court will hear reargument in the case of Murray v. American LaFrance LLC to decide whether, following the United States Supreme Court’s landmark decision in...more
Impax Laboratories Inc. v. Lannett Holdings Inc. (No. 2017-2020, 6/28/18) (Lourie, Dyk, Taranto) - Lourie, J. Affirming judgment of no invalidity for claims related to nasal spray for treatment of migraine....more
Federal Circuit Summaries - Before Prost, Newman, Mayer, Lourie, Dyk, Moore, O’Malley, Reyna, Wallach, Taranto, Chen, Hughes, and Stoll. Petition for panel rehearing and rehearing en banc. Summary: Judge Newman...more
On July 6, the full Eleventh Circuit Court of Appeals declined to hear the appeal of a case dismissing a sexual orientation bias claim under Title VII for lack of jurisdiction. This decision creates a split among the federal...more
On March 31, 2016, in a blow to the software and entertainment industries, the Federal Circuit denied the International Trade Commission’s (“ITC”) request for a rehearing en banc of the Federal Circuit’s November 10, 2015...more
As 2016 begins and IP strategies are being developed for the new year, it is a good time to reflect on what IP issues were prominent in 2015. According to the many readers of Global IP Matters, hot topics included navigating...more
In a non-precedential remand decision, the original panel in the case of Suprema v. International Trade Commission affirmed the International Trade Commission’s finding that appellant Suprema violated § 337 by inducing...more
The Federal Circuit has again held that it lacks jurisdiction to review certain decisions of the U.S. Patent Trial & Appeal Board in Inter Partes Reviews, continuing the Court’s apparent “hands off” approach to reviewing PTAB...more
Federal Circuit Remands Record Damages Award For New Trial On Extraterritorial Sales - In Carnegie Mellon University v. Marvell Technology Group, Ltd., Appeal No. 2014-1492, the Federal Circuit reversed a damages award...more