Recently in Court Rules Category

You can't blame the Federal Circuit Court of Appeals for what happens to the Dulles Toll Road.

The Metropolitan Washington Airport Authority (MWAA) operates the Dulles Toll Road in Virginia. Plaintiffs John Corr and John Grisby claim the tolls are a tax and constitute an illegal exaction in violation of the Due Process Clause because they are assessed by MWAA, an unelected body.

They also assert that the MWAA composition violates separation of powers by intruding on the president's authority under Article II.

It is often said that patent law is the sport of kings. O.k., it's not, but it should be.

Patent attorneys cost a great deal more than ordinary counsel, as they typically hold degrees in both law and a science. For small time inventors, this often results in a cost benefit analysis when it comes to patent enforcement. It also begs the question: what good is a patent if you can't afford to enforce it?

One could image a number of effects that this might have on American innovation and invention. For one, inventors might just become discouraged. Why continue to innovate when someone else with more money will simply replicate? Another possibility is that inventors will be forced to chose between either allowing infringement, or selling their patent at a reduced value to larger companies with bigger budgets.

What does it take to be an appellate lawyer? Better yet, what are the attributes of a strong appellate lawyer?

Here’s a quick list of some top traits for appellate lawyers:

No matter how smart you think you are, leave the drafting of appellate complaints to a lawyer. Don’t file pro-se in appeals court.

‘Nuff said.

The Federal Circuit Court of Appeals affirmed the dismissal of a complaint by the United States Court of Federal Claims on March 9.

As a practitioner in the Federal Circuit Court of Appeals, most of your time is spent thinking about the theoretical aspects of the law as you craft finely-honed briefs and oral arguments for your cases. However, you can't forget the basic, practical considerations of working in a federal appellate court. Regardless of whether this is your first time arguing in front of the court, or you are a seasoned pro, here's a recap of the top practical considerations a Federal Circuit practitioner should keep in mind: