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 | 06.17.26
From Checkout To Opt-Out: The EU Withdrawal Button Is Here – What E-Commerce Businesses Need To Know
From June 19, 2026, all online traders active within the EU are required to provide a “withdrawal button” on their websites and apps. The introduction of this withdrawal button represents a significant shift in the online consumer cancellation landscape. In this alert, we provide an overview of what this requirement means in practice and why compliance is so important.
Client Alert | 6 min read | 06.17.26
Client Alert | 6 min read | 06.16.26
What United States v. Bankman-Fried Means for Health Care Fraud Defense
Client Alert | 2 min read | 06.15.26
Kansas Federal Court Applies “Selective Enforcement” Theory to Reject DTSA Claim
