Day on Torts

NOVEMBER 15, 2022

Rock Creek Construction, Inc. , 1, 2022), plaintiffs filed suit against defendant construction company related to defendant’s construction of plaintiffs’ residential home, and defendant filed a counterclaim, which was the claim at issue in this appeal. This two step analysis was not followed by the trial court in this case.

Prima Facie Case 59

Prima Facie Case Tort Statute Construction 59

Patently O

NOVEMBER 29, 2023

In its petition for writ of certiorari, MacNeil argues it was improper for the Federal Circuit to substitute its own factual findings and reverse the PTAB instead of remanding the case back to the PTAB to reassess the evidence under the proper legal standard for evaluating secondary considerations and their application to the obviousness analysis.

Court 73

Court Prima Facie Case Laws Technology 73

Patently O

APRIL 1, 2024

On appeal, the Federal Circuit vacated and remanded the district court’s obviousness judgment, finding legal errors at multiple steps of the analysis. In its analysis here, the Federal Circuit focused on claim construction, and particularly the singular “a” patient requirement in the claims.

Prima Facie Case 40

Prima Facie Case Court Litigation Litigating 40