A “Side Bet” Option Does Not Create A Live Case Or Controversy On Appeal

In In re Hybir, Inc., No. 2025-1367, 2026 WL 1076702 (Fed. Cir. Apr. 21, 2026), the Federal Circuit dismissed a patent owner’s appeal where a settlement agreement tied the outcome of the appeal to a nominal, $100 optional license. The Federal Circuit decided that because the prospective $100 option was merely a “side bet” on the outcome of the appeal that did not create a live case or controversy.
Background
The dispute arose when Hybir, the owner […]

By | Oct 14, 2026 ||

Practical Tips For Trial Attorneys Handling Appeals

California Court of Appeal Justice Armen Tamzarian has noticed a trend: more trial attorneys are handling their own appeals. He says that these appeals can be easy to decide against trial counsel, if they simply rehash their prior disputes without recognizing the critical appellate decision points. Fortunately, trial counsel can improve their chances on appeal with the practical, non-technical tips in this eAlert. These tips, ranging from before trial through appellate oral argument, are […]

By | Oct 12, 2026 ||

Why Do Appeals Take So Long? Understanding Delay In The Washington Court Of Appeals

One of the most common—and most difficult—questions clients ask during an appeal is: Why is this taking so long?

An appeal can take a surprisingly long time to reach oral argument. And even after the lawyers have argued the case, months can pass before the Court of Appeals issues its decision. That silence can be frustrating, and it can be tempting to assume that the delay means something about the outcome. Perhaps the judges are […]

By | Oct 10, 2026 ||