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June 2016
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Rapid Litig. Mgmt. v. Cellzdirect, Inc.

Appellants seek review of the district court’s summary judgment determination that U.S. Patent No. 7,604,929 (“’929 patent”) is invalid under 35 U.S.C. § 101. The district court concluded that the ’929 patent is directed to a patent-ineligible law of nature—that... Read more →

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Amgen Inc. v. Apotex Inc.

This appeal involves an action brought by Amgen Inc. and Amgen Manufacturing Limited (collectively Amgen) against Apotex Inc. and Apotex Corp. (collectively Apotex) under the Biologics Price Competition and Innovation Act of 2009 (Biologics Act or BPCIA). Apotex has an... Read more →

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Bell v. Taylor

Richard Bell sued several defendants for copyright infringement, alleging that they impermissibly displayed a photo belonging to Bell on websites promoting their respective businesses. Bell sought damages as well as injunctive and declaratory relief in federal district court. The district... Read more →

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Oakville Hills Cellar, Inc v. Georgallis Holdings, LLC

Oakville Hills Cellar, Inc. (“Oakville”), doing business as Dalla Valle Vineyards, appeals from the decision of the United States Patent and Trademark Office (“PTO”) Trademark Trial and Appeal Board (“the Board”) dismissing its opposition to an application filed by Georgallis... Read more →

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MPC Franchise, LLC v. Tarntino

Appeal from a judgment of the United States District Court for the Western District of New York (Siragusa, J.), granting summary judgment to Plaintiffs‐Appellees, companies that own pizza restaurants in Elmira, New York, by the general name of “Pudgie’s,” on... Read more →

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Flo & Eddie v. Sirius SM Radio

Flo & Eddie, Inc. (“Flo & Eddie”) appeals from a final order of the district court granting summary judgment in favor of Sirius XM Radio, Inc. (“Sirius”). We have had the benefit of oral argument and have reviewed the briefs... Read more →

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El Encanto, Inc. v. Hatch Chile Company, Inc.

This seemingly small case about chile pepper sourcing and document discovery has carried a surprisingly large punch, requiring us to try to fit together in a sensible way an aged statute, many and diverse judicial glosses given to that law,... Read more →

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Immersion Corp. v. HTC Corp.

This case involves one necessary condition, under 35 U.S.C. § 120, for treating a patent application, filed as a continuation of an earlier application, as having the earlier application’s filing date, not its own filing date. That timing benefit shrinks... Read more →

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Home Design Serv., Inc. v. Turner Heritage Homes Inc.

Plaintiff Home Design Services, Inc. (“Home Design”) has sued Defendants Turner Heritage Homes, Inc., et al. (“Turner”) for copyright infringement on Home Design’s architectural floor plan HDS-2089. According to Home Design, two of Turner’s floor plans, the Laurent and the... Read more →

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Bell v. Lantz

This appeal concerns an award of attorney’s fees by the district court to Charles Lantz, who was the defendant in a suit brought by Richard Bell under the Copyright Act, 17 U.S.C. § 501 et seq., which was later voluntarily... Read more →

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