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 | 4 min read | 07.07.26
At Long Last, DoW Signals Rule Implementing PCB Prohibition and Commercial Exemptions
On July 2, 2026, the Department of War (DoW) issued an Advance Notice of Proposed Rulemaking (ANPR) setting out a framework to implement the prohibition on acquisition of covered printed circuit boards (PCBs) from “covered nations”—North Korea, China, Russia, and Iran—enacted under sections 841 and 851 of the National Defense Authorization Acts (NDAAs) for Fiscal Years 2021 and 2022, respectively, and codified at 10 U.S.C. § 4873. DoW invites industry to respond to specific questions and provide comments on the ANPR by August 31, 2026.
Client Alert | 2 min read | 07.07.26
Time for a Change: FedRAMP Fundamentally Revamps Program With Consolidated Rules for 2026
Client Alert | 4 min read | 07.06.26
House Advances Bipartisan Kids' Online Safety Bill, But Senate Showdown Looms
