Posts Tagged: jurisdiction


CAFC denies Amgen discovery in biosimilar patent dispute

In a patent infringement case governed by the Biologics Price Competition and Innovation Act of 2009 (“BPCIA”), the Federal Circuit found that it lacked jurisdiction to compel discovery …

Opposition to Venue Reform Misses Target

There is simply no reason for so many patent cases to wind up in a district with so little relation to those cases. Basic principles of equity …
By Matt Levy
1 year ago 21

Federal Circuit Vacates District Court’s Determination on Personal Jurisdiction

Polar argued on appeal that the district court erred in finding that Suunto did not have sufficient contacts in Delaware. The Court agreed with Polar. The Court …

Prosecution reopened: Examiners stop applicants from appealing

Due to a bizarre jurisdictional “feature,” the Board does not actually get jurisdiction over a case until either a Reply Brief has been filed or the time …
By Gene Quinn
1 year ago 26

Narrow Internet Personal Jurisdiction Leads to Trademark Infringement Case Dismissed

The United States Federal District Court for the District of Nevada has dismissed a trademark infringement lawsuit against a foreign Internet poker site in a ruling that …
By Gene Quinn
4 years ago 0

Irrational Fear of Monsanto Does Not Support DJ

In order to fabricate a case or controversy where clearly none existed, the farmers — AFTER filing the declaratory judgment action — sent Monsanto a letter, which asked Monsanto …
By Gene Quinn
4 years ago 3

Semiconductor Energy Laboratory v. Yujiro Nagata: Assignor Estoppel is Affirmative Defense, No Supplemental Jurisdiction

Semiconductor Energy Laboratory (“SEL”) appealed the decision of the District Court of California that dismissed with prejudice SEL’s complaint versus Yujiro Nagata (“Nagata”) due to a …
By Jason Williams
5 years ago 0

Playboy’s Trademark and False Advertising Complaint Dismissed

Playboy Enterprises International, Inc. v. Play Beverages, LLC, et al., U.S. District Judge S. James Otero has granted the Defendants' Motion to Dismiss on the basis …
By Adrienne Kendrick
5 years ago 0

PTAB Chief Smith and Vice-Chief Moore, Part III

Vice-Chief Judge Moore: "The statute requires that each of the judges have scientific ability.  It doesn’t actually require particularized training in any one individual specific area.  …
By Gene Quinn
5 years ago 3

Are Some Patent Holders More Equal Than Others?

What’s troubling is that Hewlett Packard itself, the original startup headquartered in a garage, was one of the earliest and most-respected leaders of the 20th Century …
By Bernard J. Cassidy
6 years ago 9

District Court Rules ACLU Gene Patent Challenge May Proceed

In perhaps the worst opinion I have ever read from any federal court, the United States District Court for the Southern District of New York ruled earlier …
By Gene Quinn
8 years ago 14