Posts Tagged: "Federal Rules of Appellate Procedure"

CAFC Dismisses LG’s Interlocutory Appeal as Untimely

On Tuesday, the U.S. Court of Appeals for the Federal Circuit (CAFC), with Judge Hughes writing for the court, dismissed defendant-appellant LG Electronics Inc. and LG Electronics U.S.A. Inc.’s (collectively, ‘LG’) request for interlocutory review due to lack of jurisdiction; the court said LG had failed to file within 30 days of the date at which the liability issues became final, resulting in an untimely appeal. In 2014, Mondis Technology, Ltd. (“Limited”) sued defendants for patent infringement over U.S. Patent No. 7,475,180(“the ‘180 patent”), which claims a “display unit configured to receive video signals from an external video source.” The district court granted Limited leave to join other plaintiffs, namely, Hitachi Maxell, LTD., NKA Maxell Holdings, LTD., Maxell, LTD., (collectively ‘Hitachi’) to address LG’s pretrial standing challenge. A jury trial in the United States District Court for the District of New Jersey found LG infringed claims 14 and 15 of the ‘180 patent, the claims weren’t invalid, and the infringement was willful. The jury then awarded plaintiffs $45 million in damages. 

USPTO Implementation of Arthrex: Questions from Administrative Law, Part I—Dismissal and Subregulatory Rulemaking

In United States v. Arthrex, No. 19-1434, 141 S.Ct. 1970 (Jun. 21, 2021), Chief Justice Roberts cured an Appointments Clause defect in the Patent Trial and Appeal Board’s (PTAB’s) organic statute by holding that 35 U.S.C. § 6(c) “cannot constitutionally be enforced to the extent that it[] prevent[s] the Director from reviewing final decisions rendered by APJs.” Arthrex, slip op. at 21. Henceforth, rehearings are no longer the exclusive domain of PTAB panels, and the U.S. Patent and Trademark Office (USPTO) must provide at least one path of review that flows through the agency head…. This article discusses a number of issues of administrative law that must be addressed before the USPTO can proceed. The PTAB now resembles a poorly-maintained building—after decades of benign neglect, and more than a little old-fashioned cheating to evade work that’s required by the statute, a stress has induced a collapse.