Posts in Patent Litigation


‘Graphical User Interface’ does not necessarily invoke means-plus function analysis

In Zeroclick, LLC v. Apple Inc., before Judge Jimmie Reyna, Judge Richard Taranto, and Judge Todd Hughes, Zeroclick appealed a district court's interpretation of the claims as …

Federal Circuit: PTAB Improperly Relied on Unsupported Expert Opinion

Ericsson petitioned for inter partes review of the ’408 patent, and the PTAB upheld its validity. Without separately analyzing the challenged dependent claims, the PTAB held that claim 1 …

Federal Circuit Continues to Develop Patent Venue Law with Recent Trio of Decisions

The Federal Circuit’s recent venue decisions represent important developments in the interpretation of the patent venue statute. The application of these decisions will have immediate effects …
By Mark Deming
1 month ago 0

EDTX says leased retail space can be a regular and established place of business for patent venue

The recent Tinnus opinion further defines the meaning of “regular and established place of business.” See Tinnus Enters. v. Telebrands Corp., Case No. 6:17-CV-00170-RWS (E.D. …
By Thomas Dunlap
1 month ago 2

Federal Circuit Reverses District Court’s Invalidation of Patents Asserted Against Apple

On appeal to the Federal Circuit, Zeroclick argued that the district court erred in construing those two terms as means-plus-function limitations, an argument with which the Federal …
By Steve Brachmann
1 month ago 0

Mayo/Alice ‘Directed to’ Inquiry and a Split Federal Circuit: Vanda Pharma v. West-Ward Pharma

In Vanda, Chief Judge Prost, one of the judges on the CellzDirect panel, dissented from the majority’s decision that found claims patent eligible for not being …

TC Heartland Update: Federal Circuit decides ZTE and Bigcommerce

Of the many lingering issues left in TC Heartland’s wake for domestic corporations, a Federal Circuit panel resolved several of them recently. In In re ZTE (…

Federal Circuit expands printed matter doctrine to include information and mental steps

In Praxair Distribution v. Mallinckrodt Hospital Products, Praxair petitioned for inter partes review of claims 1-19 of the ’112 patent, which the Board instituted. The Board held that …

In a Multi-District State, venue proper where defendant maintains a principal place of business

In patent infringement suits brought against a corporate defendant in a state with multiple judicial districts, venue is only proper in the single district where the defendant …

CAFC says plaintiff bears the burden of proving venue is proper in a patent infringement suit

After the case was filed in the Eastern District of Texas, ZTE filed a motion to transfer the case to the Northern District of Texas under 28 U.…

Nike Sues Puma for Alleged Infringement of Footwear Patents

Nike is also asserting one patent related to its Nike Air technology, a footwear sole structure designed to protect an athlete’s joints and muscles from impact …
By Steve Brachmann
2 months ago 0

Israeli Camera Developer says Apple infringed after expressing interest in business relationship

Corephotonics allegedly first informed Apple that it intended to pursue patent protections for its dual-aperture camera technologies as early as June 2012 during a meeting involving representatives of …
By Steve Brachmann
2 months ago 1

Askeladden LLC Submits Another Amicus Brief Advocating Against Tribal Sovereign Immunity for PTAB Proceedings

In this regard, a PTAB proceeding is not a suit in court, but instead an administrative proceeding in which the Patent Office (through the PTAB) takes “a …

Federal Circuit Affirms Dismissal of Patent Challenges Filed by Drug Consumer

AIDS Healthcare Found., Inc. v. Gilead Scis., Inc., the Federal Circuit affirmed the dismissal of patent challenges filed by drug consumers. The Court noted that a declaratory …

Petitioner Has Standing to Appeal PTAB Decision Where Litigation is Inevitable

Altaire filed two complaints against Paragon: (1) alleging a breach of the non-disclosure clause of the Agreement, and (2) seeking declaratory judgment that the ‘623 patent was invalid. Paragon, in …

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