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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Appellate Court Does Not Have Jurisdiction to Review Order Denying Judgment in Supplementary Proceeding

A bank loaned a judgment debtor $3.5 million despite having previously received a third-party citation to discover and freeze the judgment debtor's assets.  The Illinois appellate court recently held that the circuit court's order denying judgment against bank was not final for purposes of conferring appellate jurisdiction under Illinois Supreme Court Rule 304(b)(4). 

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