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 | 6 min read | 09.11.26
It’s LIVE: The Cyber Resilience Act Reporting Is Mandatory as of Today - 11 September 2026
The wait is over. As of today, manufacturers of connected products (both hardware and software) must comply with the Cyber Resilience Act’s (“CRA”) vulnerability and incident reporting obligations. The CRA’s Single Reporting Platform (“SRP”), operated by the European Union Agency for Cybersecurity (“ENISA”), is now the EU-wide gateway through which those notifications must flow.
Client Alert | 10 min read | 09.11.26
Mining, Indigenous Consultation Rights, and Investment Treaty Protection
Client Alert | 2 min read | 09.11.26
New ISOO Guidance Directs Federal Agencies to Provide More CUI Guidance to Contractors
Client Alert | 4 min read | 09.10.26
European Commission Publishes Landmark Guidelines on Exclusionary Abuses by Dominant Companies
