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Rejecting the approaches of the Courts of Appeals for the Second and Ninth Circuits, the U.S. Court of Appeals for the First Circuit, in a case of first impression, established a new framework for determining when the Lanham Act should be applied extraterritorially.

Weighing in on when it is appropriate to set aside a consent judgment stemming from a trademark infringement dispute, the U.S. Court of Appeals for the Sixth Circuit held that breach of a settlement agreement that is the basis for a consent judgment is not sufficient grounds by itself to set aside the judgment.

On June 29, 2026, the Supreme Court agreed to review RiseandShine Corp. v. PepsiCo, Inc. (Docket No. 24-1016), which pits a coffee brewer against the cola giant over the former’s “RISE” trademark.

In a decision based largely on Supreme Court precedent, the U.S. Court of Appeals for the Federal Circuit affirmed a district court’s dismissal of both an original and an amended complaint based on the University of Arkansas’ Eleventh Amendment immunity and the lack of personal jurisdiction over the named University officials.

In a case which could serve as the poster child in a campaign for interlocutory appeals of claim construction issues, the U.S. Court of Appeals for the Federal Circuit reversed the Texas district court on claim construction, requiring reversal of various related rulings as well.

In what is almost certain to be viewed as a watershed decision, the U.S. Court of Appeals for the Federal Circuit rejected the theory that the activities of multiple different entities could be combined to find "joint infringement" of a patent.

Addressing a split among the appellate circuit courts, the U.S. Supreme Court decided a trademark case clarifying the burden of proof necessary for an accused infringer to escape liability under the statutory fair use defense.

We have posted several times on the U.S. aspects of the international dispute between Chevron and the plaintiffs from Ecuador suing for environmental contamination.

It is among the most difficult episodes in a defense counsel’s practice.

The California Supreme Court has fundamentally altered the landscape of judicial disqualification in the state by permitting courts to scrutinize peremptory challenges that appear to be part of coordinated campaigns against specific judges. This landmark ruling overturns nearly fifty years of precedent and establishes a new burden-shifting framework that will significantly impact how institutional litigants and repeat players navigate California's court system.

Chicago, Ill., (January 28, 2019) – The appellate courts in Illinois may be trending toward a broader definition of circumstantial evidence in slip and fall cases.

Is a college student living on campus a "resident" of the household where her parents and brother lived at the time of the accident for purposes of determining coverage for a third-party claim?

In a unanimous and notable decision, the Supreme Court in BLOM Bank SAL v. Honickman reaffirmed the strict threshold imposed by Federal Rule of Civil Procedure 60...

When it comes to fighting it out in court, Abraham Lincoln observed that "he who represents himself has a fool for a client." This maxim is especially true for companies in Georgia.

Removal decisions sit at the intersection of legal strategy, claim handling, and early case assessment. In Enbridge Energy, LP v. Nessel, the Supreme Court gave defense teams a straightforward reminder: the 30-day deadline for removing a civil action to federal court under 28 U.S.C. § 1446(b)(1) is mandatory and cannot be equitably tolled.

The Fifth Circuit recently considered the pleading requirements to support a default judgment.

Compact or streamlined prosecution is in vogue in prosecution circles these days. While examiner interviews are a tried and true "old" tool in a prosecutor's tool box...

In a unique appeal in which smartphone heavyweight opponents Apple and Samsung both advocated that the district court abused its discretion in refusing to seal certain confidential exhibits from both parties.