Tag Archives: appeals

DTSA Seizures Are Not Effectively Injunctive for Appeal

As a general rule, federal courts of appeals only have jurisdiction to review final decisions of the district courts. See Zurn Indus., LLC v. Allstate Ins. Co., 75 F.4th 321, 327 (3d Cir. 2023). One exception is for non-final preliminary injunctions. See 28 U.S.C. § 1292(a)(1). To determine whether a non-final order is effectively injunctive, […]

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Where the Claimed Infringing Use in Commerce is Domestic

In Abirton Austria GmbH v. Hetronic Int’l, Inc., No. 21-1043, 600 U.S. ___ (Jun. 29, 2023), the U.S. Supreme Court ruled that 15 U.S.C. §1114(1)(a) and §1125(a)(1) of the Lanham Act “are not extraterritorial and that they extend only to claims where the claimed infringing use in commerce is domestic.” As discussed in a previous […]

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Supreme Court Arguments About Lanham Act Extraterritorial Scope

On March 21, 2023, the U.S. Supreme Court heard oral arguments about the Tenth Circuit decision in Hetronic International, 10 F.4th 1016 (10th Cir. 2021), that the Lanham Act protections for U.S. trademarks extends to extraterritorial conduct involving foreign sales by foreign defendants. As discussed in a previous blog post, Hetronic, a U.S. company that manufactures […]

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Appealing Partial Summary Judgment Under Rule 54(b)

Typically, a district court decision is appealable only if there has been a “final decision” on all claims in the case. 28 U.S.C. §1291. For example, a summary judgment of all claims in the case is appealable, but a partial summary judgment of only some of those claims typically is not appealable while the rest […]

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HOW DO I PURSUE OR DEFEND AN APPEAL?

By: Van Aaron Hughes If a court has entered a judgment against you, the appellate process is your first and often your best opportunity to overcome that adverse ruling.  Conversely, if you’ve gotten a decision in your favor from a trial court, your likely next task is to defend against the opposing party’s appeal. The […]

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