Posts in Courts


Supreme Court Rocks the Trademark Office in ‘Slants’ Case

After a streak of six patent decisions uniformly overruling the Federal Circuit, and for the first time all term, the Supreme Court finally handed the Federal Circuit …

TC Heartland Requires Standardized Local Rules and Demand Letter Reform

In their recent TC Heartland decision, SCOTUS created unequal protection against patent infringers based on geographical incorporation decisions. They added uncertainty in time, cost, and outcome in …

Arbitrator’s ‘interpretation’ of unconscionable fee agreement gives Jenner & Block millions in unearned contingency fees

Oracle and Parallel Networks settled that arbitration in January 2013. So, more than four years after Jenner & Block lost the Oracle case and abandoned its client, they received …
By Steve Brachmann
2 days ago 2

Andrei Iancu: The man who may be the next USPTO Director

If the Washington, DC rumor mill is correct Commerce Secretary Wilbur Ross will soon announce that Andrei Iancu will be the next Under Secretary of Commerce for …

The PTAB Killing Fields: VirnetX patents worth more than $1 billion in district court lost at PTAB

So obviously the patent claims VirnetX has used to pursue infringers such as Apple and Microsoft are not the weak patents that opponents of the patent system …

Prepare for More Estoppel if the Supreme Court Reverses Federal Circuit on Partial IPR Institutions

Partial institutions lessen the value of estoppel because the petitioner avoids estoppel on claims that were challenged but not instituted. The PTAB never issues a final written …
By Jason German & Wayne Stacy
3 days ago 1

Dunkin’ Donuts sues coffee shop over “America Runs On Dunkin'”

Dunkin’ Donuts allegations center around a message displayed on windows at the Mike’s Coffee location: “North Now Runs On Mike’s”. Although Steve Copoulos, the owner …
By Steve Brachmann
4 days ago 0

Federal Circuit says Cleveland Clinic Diagnostic Patents Ineligible Under § 101

The Cleveland Clinic’s diagnostic or “testing” patents at issue dealt with a process by which an enzyme was measured and correlated against known levels of the …

CAFC Affirms Board’s Claim Construction and Holds Waterproofing Patent Invalid

Outdry appealed from a Board determination that its patent directed to waterproofing leather was invalid as obvious in an inter partes review (IPR) proceeding. Outdry challenged the …

Specific Personal Jurisdiction Requires ‘Substantial’ not ‘Attenuated’ Forum Contacts

NexLearn sued Allen in district court, alleging patent infringement and breach of contract, based on a nondisclosure agreement (NDA) that allowed Allen to use a trial version …

Broad List of References by PTAB Not Adequate Notice of Specific Combinations of Prior Art

The Court warned that by holding that EmeraChem did not have adequate notice or opportunity to respond, it was not holding that the Board is constricted in …

Lex Machina PTAB report highlights top petitioners, patent owners and law firms appearing in cases

Some of the reports most interesting findings involve which entities are most active at the PTAB as well as the law firms representing parties most frequently during …
By Steve Brachmann
5 days ago 0

Germany Suspends Requirement of Presidential Signature for Formal Ratification of UPC Agreement

Effective June 11, 2017, the Office of the President of the Federal Republic of Germany has agreed to suspend the Presidential signature required for formal ratification of the UPC …
By Matthias Weiden
5 days ago 0

Diverging Viewpoints on Venue Change Following T.C. Heartland

In two recent decisions following T. C. Heartland, district courts have applied two different methodologies in resolving motions to change venue... In the first decision a trial …
By Damian R LaPlaca
6 days ago 0

Industry Reaction to SCOTUS First Amendment Decision in Matal v. Tam

Lauren Emerson, Baker Botts, LLP: "Today’s decision, while not surprising, is momentous, as any decision striking a longstanding legislative provision based on freedom of speech would …
By Gene Quinn & Renee C. Quinn
8 days ago 8