Federal Circuit Reverses Dismissal of Patent Infringement Complaint See Nalco Co. v. Chem-Mod, LLC, Appeal No. 17-1036 (Fed. Cir. Feb. 27, 2018) In Nalco Co. v. Chem Mod, LLC, the Federal Circuit reversed the district court’s dismissal of Nalco’s Fourth Amended Complaint, finding that Nalco had adequately pled its patent infringement claims and that the district court erred in concluding that Nalco had failed to make sufficient factual allegations to support its infringement claims. The Court held that Nalco need not prove its case of patent infringement at the pleading stage. Rather, the purpose of a complaint is to put…Read more
Federal Circuit Appeals: An Overview
Appeals to the United States Court of Appeals for the Federal Circuit are unlike any other filing. Even experienced appellate attorneys sometimes have difficulty remembering the steps for taking an appeal in the Federal Circuit. This article will serve as an overview of some of the most important points to remember throughout the process. Briefing Schedule Federal Circuit appeals move more quickly than in many courts. Preliminary forms, including a notice of appearance, the Certificate of Interest, and the Docketing Statement are due within 14 days of the appeal being docketed. In an appeal from a court, the appellant’s opening brief…Read more
- Federal Circuit Reverses Dismissal of Patent Infringement Complaint
- Federal Circuit Appeals: An Overview
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