The end of the year is near, and in this not-so-busy period, it's a great time to brush up on the administrative basics -- and that's what the Federal Circuit is doing. With revised rules, fees and schedules, here's the latest info to keep your appellate practice moving smoothly...
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Sequester, debt-ceilings, defaults and bailouts. When will it end? Since 2008, the markets have been in a constant state of doubt and upheaval, and because of the delays of litigation, we're still hearing about 2008 bailouts now.
Earlier this summer, the U.S. Court of Federal Claims ruled that Ben Bernanke could be deposed about his involvement in his decision to bailout AIG in 2008. The government swiftly filed a petition for writ of mandamus, which the Federal Circuit granted.
After what seems like the 200th round in the Apple v. Samsung litigation, we find ourselves asking: Why can't we all just get along? Well, that day might have actually come.
Both Apple and Samsung appealed the District Court for the Northern District of California's orders refusing to seal confidential documents submitted in support of pre- and post-trial motions. The Federal Circuit Court of appeals agreed with their positions, and reversed and remanded the district court's decision.
This case should've been simple. The University of Utah sues the University of Massachusetts in a patent inventorship dispute. 28 U.S.C. § 1251(a) quite clearly states, "The Supreme Court shall have original and exclusive jurisdiction of all controversies between two or more States."
Utah versus Massachusetts. Why is this a question?
And yet, after some party-swapping, the Federal Circuit allowed the case to proceed in the District Court, over the dissent of Judge Moore. How?
Normally not a hotbed of dramatic happenings, the Federal Circuit has been on fire lately. Two recent cases are sure to keep the Federal Circuit anything but quiet.
Starr International Company v. U.S.
Maurice "Hank" Greenberg was AIG's leader for four decades, and his company Starr International Co., was AIG's largest shareholder with a 12% stake, reports Reuters. Claiming the government short-changed AIG shareholders in the 2008 government bailout, Starr sought to depose Federal Reserve Chairman Ben Bernanke.
I opened my inbox last week to find this tweet, forwarded to me by a friend:
The Federal Circuit's website states: "Inappropriate facial gestures or exaggerated gesticulating is forbidden." Drat.-- Zoe Tillman (@ZoeTillman) August 8, 2013
Curiosity piqued, I took to the Federal Circuit's website to determine the extent of this ban on facial gestures. Surely, the court is only regulating the conduct of the attorneys arguing before the court, and doing so solely in the interests of justice, right?
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.
The Federal Circuit Court of Appeals affirmed the dismissal of a complaint by the United States Court of Federal Claims on March 9.