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 | 3 min read | 05.29.26
Last week, the U.S. Department of Justice (DOJ) Antitrust Division (the Division) revealed criminal charges against China International Marine Containers (Group) Co., Ltd. (CIMC) and several other major Chinese companies and executives involved in the manufacture and sale of standard dry shipping containers, which are used for shipping dry, unrefrigerated cargo on ships around the world. One of the executives was arrested at an airport in France and is awaiting extradition to the U.S. The indictment charged these defendants with violating Section 1 of the Sherman Act by conspiring to restrict output and fix prices of standard dry containers, including in the U.S. market, from 2019 to 2024.
Client Alert | 3 min read | 05.28.26
Client Alert | 8 min read | 05.28.26
Texas Targets Big Tech With Wave of Suits and Investigations, Part of Nationwide Trend
Client Alert | 7 min read | 05.27.26
Colorado Hits Reset on AI Regulation: SB 26-189 Repeals and Reenacts the Colorado AI Act
