Fighter Jets and Math: Patent Subject Eligibility After Alice

The recent case Thales Visionix Inc. v. United States, Appeal No. 2015-5150 (Fed. Cir. Mar. 8, 2017), which considered technology used in helmets created for use by the pilots of F-35 Joint Strike Fighters, adds context to the ongoing debate about patent subject matter eligibility after Alice Corp. Pty. v. CLS Bank Int’l., 134 S. Ct. 2347, 2354 (2014).

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Illinois Appellate Court Clarifies When Jurisdiction Arises To Review Rule 137 Sanctions Order

In Phoenix Capital, LLC v. Tabiti, 2016 IL App (1st) 162686, the Illinois appellate court faced an unusual issue and took the opportunity to clarify the law regarding the appealability of orders under Rule 137.  It held that, absent a certification under Rule 304(a), an order granting sanctions under Rule 137 is not appealable if the amount of the sanctions remains to be determined, even if the rest of the case has been concluded.  

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Certification Revocation Kills Appellate Jurisdiction

In Kenosha Unified School District No. 1 Board of Education v. Whitaker (per curiam) (slip op. Nov. 14, 2016), the U.S. Court of Appeals for the Seventh Circuit considered whether it had jurisdiction to hear an interlocutory appeal under 28 U.S.C. § 1292(b) where the district court granted the required certification and then revoked it before the appellate court issued an order permitting the appeal.   

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Seventh Circuit: “Follow Form” Insurance Policy Does Not Allow Excess Insurer to Take Advantage of Arbitration Provision in Underlying Policy

In insurance, a “follow form” endorsement is typically understood to mean that an excess or umbrella insurance policy incorporates the terms of another underlying insurance policy.  An excess carrier with such an endorsement might reasonably expect, then, that it could take advantage of an arbitration provision in the underlying policy.  Not so fast, the Seventh Circuit recently ruled.

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In Federal Court, Supplementary Proceedings Under 735 ILCS 5/2-1402(c)(6) Require An Independent Jurisdictional Basis

Under Federal Rule of Civil Procedure 69(a), the rules set forth in the Illinois Code of Civil Procedure regarding supplementary proceedings to execute a judgment control in federal courts sitting in Illinois.  In Rizvi v. Allstate Corp., 833 F.3d 724 (7th Cir. 2016), the Seventh Circuit discusses when those proceedings require an independent jurisdicational basis.  

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