IP Watchdog featured an article by Charley Macedo, David Goldberg, John Dellaportas, Thomas Hart, and Jamie Zipper on “It’s time for the Supreme Court to Weigh in on Lower Courts’ Improper Use of Rules 56 and 36”.
"On October 21, 2024, Island Intellectual Property LLC (Island) filed a Petition for Certiorari to the Supreme Court in Island Intellectual Property LLC v. TD Ameritrade, Inc. This case exemplifies two dangerous trends in patent cases.
First, district courts in patent cases are granting summary judgment while ignoring factual disputes and/or weighing evidentiary disputes against non-movants, thus depriving parties of their right to a jury trial under the Seventh Amendment. Rather than police this inappropriate summary judgment procedure, the Federal Circuit, on appeal, has either ignored or encouraged a special patent case procedure in manner that in effect makes it so that Rule 56 seems not to apply like it would in other civil litigation.”
Read the full article HERE.