Appellate Law News and Insights

The U.S. Supreme Court has once again been urged to revisit 35 U.S.C. § 101, the statute governing patent eligibility. Audio Evolution Diagnostics, Inc. (AED) filed a petition for writ of certiorari, challenging the Federal Circuit's summary affirmance under Rule 36 of a ruling that invalidated its patents under the...

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In June 2022, the Federal Circuit overturned a $2.7B judgment for the plaintiff in Centripetal Networks v. Cisco, based on the failure of the presiding judge to recuse himself after he learned that his wife owned stock in the defendant. Similar attempts to reverse judgments due to purported conflicts of interest...

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In a win for employers, the U.S. Supreme Court ruled this week in E.M.D. Sales, Inc. v. Carrera that employers need only prove an exemption from overtime under the Fair Labor Standards Act (FLSA) by a "preponderance of the evidence" rather than the higher standard of "clear and convincing evidence." Why Does...

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