For the first time in over six years, the U.S. Court of Appeals for the Federal Circuit (CAFC) has decided to grant en banc rehearing of a patent case where all twelve of the sitting judges of the CAFC will hear the case. The ruling has the potential to change the way obviousness is determined in design patents, lowering the bar for obviousness and doing away with a test that has been applied to design patents […]
In enacting the Federal Arbitration Act, Congress allowed for immediate appeal from orders denying motions to arbitrate. The statute is silent as to whether the litigation in the trial court can proceed while the appeal is pending. Circuits have split on the issue, which has increased litigation burdens and settlement pressures on parties in those jurisdictions that did not recognize an automatic stay.
The Supreme Court of the United States recently resolved this issue. In Coinbase, […]
In Cryan v. National Council of YMCAs of the U.S., the North Carolina Supreme Court gave a refresher on certiorari review and appeals from a dissent.
The plaintiff in Cryan sued the YMCA for decades-old abuse made actionable by North Carolina’s SAFE Child Act. The YMCA moved to dismiss and argued the act was unconstitutional. The trial court ruled that the YMCA mounted a facial challenge to the act, so it referred the motion to a three-judge panel […]