Tag: Appellate Jurisdiction
-
ironSource v. Digital Turbine: Amended Claims Can Defeat Appellate Standing
The Federal Circuit’s decision in ironSource Ltd. v. Digital Turbine, Inc., Case No. 24-1460 (Fed Cir. Apr. 8, 2026), offers a pointed reminder that success at the Patent Trial and Appeal Board does not guarantee access to appellate review. For companies that regularly use post-grant proceedings as part of a broader patent strategy, the case…
-
Ascendis v. BioMarin: Federal Circuit Rejects Procedural Reset of Section 1659 Stay Deadline
There is a quiet but persistent tension in patent litigation involving the ITC: the statute promises efficiency, but the structure invites gamesmanship. Section 1659 is supposed to prevent duplicative litigation by forcing district courts to stand down when the same issues are being litigated at the ITC. But that protection is not automatic—it must be…
-
Crocs v. ITC: One Commission Decision Can Trigger Two Appeal Deadlines
The Federal Circuit’s decision in Crocs, Inc. v. International Trade Commission, Case No. 2024-1300 (Fed. Cir. Jan. 8, 2026), illustrates a jurisdictional trap in Section 337 proceedings: different portions of the same Commission determination can become final, and therefore appealable, at different times. The court dismissed as untimely Crocs’s challenge to a no-violation determination while…