News & Analysis as of

Standing Article III Judicial Authority

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

Dorsey & Whitney LLP

The Supreme Court Update - June 23, 2025

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On June 20, 2025, the Supreme Court of the United States issued six decisions: Diamond Alternative Energy, LLC v. Environmental Protection Agency, No. 24-7: This case addresses fuel producers’ Article III standing to...more

McDermott Will & Emery

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

McDermott Will & Emery on

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

Katten Muchin Rosenman LLP

Justice Kavanaugh Signals One Conservative Vote in Labcorp Toward Imposing a Pre-Certification Standing Requirement Under FRCP 23

On June 5, 2025, the Supreme Court declined to decide the question, certified in Laboratory Corp. of America Holdings v. Davis, as to “[w]hether a federal court may certify a class action pursuant to Federal Rule of Civil...more

Robinson Bradshaw

Update: Supreme Court Dismisses Appeal on Whether a Class Can Contain Members Who Lack an Article III Injury

Robinson Bradshaw on

In Labcorp v. Davis, the U.S. Supreme Court was poised to decide if a federal court can certify a class that includes members who lack any Article III injury. But as we discussed last month, the oral argument suggested that...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

McDermott Will & Emery

No Article III Appellate Standing Under the Sun

McDermott Will & Emery on

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

Jones Day

Second Circuit: Bankruptcy Courts Have Inherent Authority to Impose Civil Contempt Sanctions

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Because bankruptcy courts were created by Congress rather than under Article III of the U.S. Constitution, there is a disagreement over whether bankruptcy courts, like other federal courts, have "inherent authority" to impose...more

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