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#federal-circuit
fromPatently-O
4 days ago
Intellectual property law

Range of Motion En Banc Petition: The Plainly Dissimilar Test and the Functionality Question

The Federal Circuit's 'plainly dissimilar' rule is challenged for potentially undermining jury roles in design patent cases.
fromPatently-O
7 months ago
Intellectual property law

EcoFactor: Did the Federal Circuit Unconstitutionally Displace the Jury?

The Federal Circuit increasingly overturns jury verdicts for flawed damages expert testimony, raising Seventh Amendment and due process concerns in patent cases.
Intellectual property law
fromPatently-O
4 days ago

Range of Motion En Banc Petition: The Plainly Dissimilar Test and the Functionality Question

The Federal Circuit's 'plainly dissimilar' rule is challenged for potentially undermining jury roles in design patent cases.
Law
fromArs Technica
3 months ago

Supreme Court takes case that could strip FCC of authority to issue fines

The Supreme Court will decide if the FCC's authority to fine carriers for selling customers' location data violates the Seventh Amendment jury-trial right.
fromIPWatchdog.com | Patents & Intellectual Property Law
5 months ago

The Jarkesy Question: Is a New Constitutional Challenge Brewing for ITC Enforcement?

The threat of a cease-and-desist order, backed by civil penalties of up to $100,000 a day or twice the value of imported goods, is a powerful deterrent. For years, the process for enforcing these penalties has been a settled feature of ITC practice. But a recent Supreme Court decision, Jarkesy v. SEC, has introduced a new constitutional question that ITC litigators might want to watch out for.
Law
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