Posts in Patent Litigation


Federal Circuit Lacked Jurisdiction Over Claims that Assignment Agreement was Invalid

Inselberg and Interactive filed a motion to dismiss Bisignano and First Data’s declaratory judgment claims and state court counterclaims, and moved to remand the action to …

CAFC says Equitable Estoppel Cannot Compel Arbitration in Waymo v. Uber

Uber Technologies, Inc. and Ottomotto LLC (“Uber”), appealed the district court’s order, denying Uber’s motion to compel arbitration of pending litigation with Waymo, LLC (“Waymo”). …

Intervenor Not Entitled to Mandamus Relief on Discovery Dispute in Waymo v. Uber

Waymo, a Google spin-off, sued Uber and Ottomotto for patent infringement and violations of federal and state trade secret laws. Waymo alleged that its former employee, Mr. …

CAFC upholds validity of Intellectual Ventures patents, reverses infringement findings

The Federal Circuit affirmed a district court decision upholding the validity of two patents belonging to Intellectual Ventures (“IV”), but reversed all findings of infringement regarding one …

Federal Circuit strikes down Gilstrap’s four-factor test for patent venue

After briefly parsing the statutory language of §1400(b) critical to the decision the Federal Circuit concluded that Judge Gilstrap's four-factor test was not compliant with the statutory …
By Gene Quinn
2 days ago 27

A patent without enforcement value has no licensing value

Enforcement of patents through litigation occurs when licensing has failed to result in an arms length negotiated resolution. In other words, patent owners resort to litigation when …
By Gene Quinn
2 days ago 5

Federal Circuit Reverses and Remands Dismissal of Direct and Indirect Infringement Claims

A party need not prove its infringement case with detailed facts at the pleadings stage. For direct infringement, it is sufficient to identify where the alleged infringement …

A review of enhanced damages since Halo: Minimizing potential exposure to enhanced damages

Since the Supreme Court’s decision in Halo, there have been approximately 100 cases analyzing whether the adjudged infringer acted egregiously/willfully en route to a determination of …
By Theodore Chiacchio
10 days ago 0

Nintendo to appeal $10.1M jury verdict of infringement after invalidating 5 of 6 iLife patents at PTAB

A jury verdict recently entered into a patent infringement case in the Northern District of Texas found that Japanese gaming giant Nintendo infringed upon a patent asserted …
By Steve Brachmann
16 days ago 5

Following the money trail from Mapbox to the Kushners and Trump Administration

There are clearly many thousands of companies both large and small with far greater experience and in a far better position to advise Congress on the issue …
By Steve Brachmann & Gene Quinn
17 days ago 7

What Changes Result from the Supreme Court Decision in TC Heartland?

Unfortunately, the answer may be not as much as many expected. Right after the decision there were 350 motions to transfer or dismiss in the EDTX. But the …
By Robert Stoll
17 days ago 2

Ignorance of the Law is No Excuse for Cost of the USPTO’s High ex parte Appeal Reversal Rates

As the old saying goes: Ignorance of the law is no excuse. So there seems to be no good reason that the Examining corps’ inability to apply …
By Adam Stephenson
18 days ago 8

USPTO files brief at CAFC supporting patent-infringing respondent Telebrands

Tinnus argues in its appeal that the PTAB panel applied standards for inter partes review (IPR) proceedings to a trial that was instituted as a PGR. “In …
By Steve Brachmann
18 days ago 5

Inquiry into Unexpectedness is Essential Even for Determining Obviousness in Inherency

The Federal Circuit reversed. Indeed, it found that the Board committed legal error by improperly relying on inherency to find obviousness and in its analysis of motivation …

Federal Circuit upholds CBM instituted in conflict with Unwired Planet decision

The U.S. Court of Appeals for the Federal Circuit issued a decision in Return Mail, Inc. v. United States Postal Services (USPS), which affirmed a finding …
By Steve Brachmann
24 days ago 5