Category: Federal Circuit Orders

Rambus’s E-Discovery Plan Smells Funny… It Must Be Spoliated

Micron Tech., Inc. v. Rambus Inc., No. 2009-1263 (Fed. Cir. May 13, 2011) (Judges Newman, Lourie, Bryson, Gajarsa, and Linn) The Federal Circuit has now joined a long list of courts (and judges) that are grappling with complex e-discovery issues and imposing sanctions for bad behavior by litigants.  The court issued two opinions involving Rambus […]

Federal Circuit Motions Panel Orders

This month, Judges Rader, Newman, and Bryson were assigned to the motions panel, and they issued several orders relating to venue and jurisdictional issues. Maybe that happened because there is no place like the Eastern District of Texas.  And there is no federal district court that has seen more criticism and discussion of its venue […]

Panel Doesn’t See Eye-to-Eye on Written Description Requirement

Citigroup Inc. v. Capital City Bank Group, Inc., No. 2010-1369 (Fed. Cir. Mar. 28, 2011) (Judges Rader, Gajarsa, and Prost) In the first trademark opinion that the Federal Circuit has handed down this year, the court affirmed the Trademark Trial and Appeal Board’s (TTAB) denial of Citigroup’s opposition to Capital City Bank’s (CCB) registration of […]

Federal Circuit Says Don’t Mess With Texas, and Plays Laser Chess

American Piledriving Equipment, Inc. v. Geoquip, Inc., No. 2010-1283 (Fed. Cir. Mar. 21, 2011) and American Piledriving Equipment, Inc. v. Bay Machinery Corp., No. 2010-1314 (Fed. Cir. Mar. 21, 2011) (Judges Bryson, Gajarsa, and Linn) In this consolidated appeal, American Piledriving Equipment, Inc. appealed grants of summary judgment of noninfringement in two separate actions involving […]

In Dissent, Judge O’Malley’s in a New York State (Law) of Mind

Abraxis Bioscience, Inc. v. Navinta LLC, No. 09-1539 (Fed. Cir. Mar. 14, 2011) (en banc order) Procedurally, there’s nothing to see here—the Federal Circuit simply denied petitions for rehearing by the panel and en banc.  The denial, however, is accompanied by an energetic dissent by the court’s newest member, Judge O’Malley, joined by Judge Newman […]