Federal Circuit: No Safety Net for Fleming

Claud Mccoid

Fleming v. Cirrus Design and style (Fed. Cir. 2022) Hoyt Fleming is a patent legal professional, and previous Chief Patent Counsel for Micron.  He is also an inventor and builder (he has individually developed a few airplanes).  His U.S. Patent No. RE47,474 is fairly cool:  it statements a &#8220total-plane ballistic […]

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2021 Decisions: John Bean Techs. Corp. v. Morris & Assocs., Inc., 988 F.3d 1334 (Fed. Cir. 2021)

Claud Mccoid

This situation was the second view in a patent dispute saga between two poultry processing competitors in excess of patented poultry chilling technological know-how. See John Bean Tech. Corp. v. Morris & Associates, Inc., 887 F.3d 1322 (Fed. Cir. 2018). Main up to the very first scenario, Morris & Associates., […]

Fraud Penalty Affirmed: In Not-So-Chic Fashion, the Ninth Circuit Upholds Fraud Penalties in Chico

Claud Mccoid

In Chico v. Commissioner, the taxpayers challenged the Tax Court’s evaluation of a fraud penalty. The Tax Court had imposed civil fraud penalties from the married taxpayers, finding crystal clear-and-convincing proof of fraud primarily based on circumstantial evidence—i.e., “badges of fraud,” these as an understatement of revenue, inadequate documents, or […]

The Purpose, A Purpose? Because of Litigation Concerns? Ninth Circuit Adopts Stringent Test for Dual-Purpose Communications

Claud Mccoid

When are communications with counsel that are for the two legal suggestions and business purposes safeguarded by the attorney-shopper privilege? From least to most stringent, courts have essential that a conversation be “because of” expected litigation, that lawful advice be “a” key intention of the interaction, or that authorized tips […]