In the latest installment of their Law360 column on recent noteworthy Federal Circuit decisions, partners Jeremiah Helm and Sean Murray examine the court’s ruling in Wash World Inc. v. Belanger Inc.
The court’s opinion addressed “the line between mere elaboration on an argument presented to the district court, which is properly raised on appeal, and a substantially new position, which is forfeited on appeal because it was not previously raised,” write Helm and Murray.
The authors explore the key issues at play in the case, including the role of claim construction in the litigation process and the forfeiture issue in the context of claim construction.
Helm and Murray offer several key takeaways from the ruling, which they maintain “provides litigants with important guidance regarding the scope of arguments that can be made on appeal.” Further, they conclude, Wash World “underscores that practitioners must present a complete set of arguments to the district court or be ready to explain, on appeal, why extraordinary circumstances prevented them from doing so.”
Read the full article here.
