No Right Of Cross-Appeal From Favorable Decisions
Client Alert | 1 min read | 02.22.06
In Nautilus Group, Inc. v. ICON Health and Fitness, Inc., (No. 05-1577; February 15, 2006), the Federal Circuit dismisses ICON's conditional cross-appeal from the district court's claim construction order. Nautilus appealed an unfavorable district court's final judgment on ICON's counterclaim for declaratory judgment of non-infringement. ICON then filed a conditional cross-appeal seeking review of certain claim construction rulings in the event of a reversal of the judgment of non-infringement. In dismissing ICON's cross-appeal, the Federal Circuit reiterates the principle that a “party has no right of cross-appeal from a decision in its favor.” A party who prevails on non-infringement has no right to introduce new arguments or challenge a claim construction, but may instead “assert alternative ground in the record for affirming the judgment.”
Insights
Client Alert | 1 min read | 11.12.26
SBA Announces Doubling Veteran Contracting Target to 10% for FY 2027, but Questions Remain
On November 9, 2026, the Small Business Administration (SBA) announced new fiscal year (FY) 2027 contracting goals emphasizing veteran-owned small businesses (VOSBs) and service-disabled veteran-owned small businesses (SDVOSBs).
Client Alert | 6 min read | 11.12.26
Client Alert | 2 min read | 11.11.26
President Trump Nominates Peter Feldman to Serve as CPSC Chairman and Commissioner
Client Alert | 4 min read | 11.10.26
D.C. District Court Upholds CMS’s 2020 Organ Procurement Rule
