Posts in Courts


Federal Circuit Grants Mandamus to Dish, Ordering Albright to Transfer

In its latest rebuke of Judge Alan Albright’s approach to motions to transfer cases out of his court, the United States Court of Appeals for the …
By Logan Murr
2 days ago 0

Models’ Lawsuits Against Nightclubs Highlight SCOTUS Petition Challenging Elevation of ‘Public Prominence’ Factor in Lanham Act Cases

In mid-October, a pair of lawsuits were filed in the Eastern District of Virginia by different groups of professional models seeking damages and injunctive relief under the …
By Steve Brachmann
2 days ago 0

Judge Koh Responses on Antitrust-IP Intersection Promise More of the Same

On October 5, the Senate Judiciary Committee considered the nomination of Judge Lucy Koh, currently of the U.S. Federal District for the Northern District of California, to …
By Gene Quinn
3 days ago 6

Patent Filings Roundup: District Court Termination Wave, Old-Fashioned Oil Fights, NPE Targets Apple and Others

A slightly above-average week in filings saw 38 Patent Trial and Appeal Board (PTAB) petitions (one post grant review and 37 inter partes reviews) and 71 district court complaints, with …
By Jonathan Stroud
3 days ago 0

The Section 145 Trilogy: Why More Applicants Might Take Patent Applications from the USPTO to the E.D. of VA

Typically, patent examiners are the prominent decision-makers controlling whether patent applications are allowed. However, Applicants have the power to change who controls these decisions. For example, each …
By Kate Gaudry
5 days ago 12

The Fintiv Deception: Leahy’s Legislative ‘Fix’ is Unwarranted in Light of Sotera Wireless

Several weeks ago, Senators Patrick Leahy (D-VT) and John Cornyn (R-TX) introduced the Restoring America Invents Act, which would reverse the reforms of the Patent Trial and …
By Gene Quinn
6 days ago 5

USPTO Judges, Management, Accused of Bias—This Time at the TTAB

A motion filed on Friday, October 15, with the U.S. Court of Appeals for the Federal Circuit (CAFC) requests that the appellant, Charles Bertini, be allowed to …
By Eileen McDermott
6 days ago 2

An Ax(le) Needs Grinding: Can the Federal Circuit Turn the Wheel?

I recently opened a Bordeaux and re-read the petition for certiorari in American Axle v. Neapco. Not because I like watching horror films or black-and-white footage of …
By Meredith Addy
7 days ago 16

India’s Prius Judgment and Trans-Border Reputation of Trademarks

A trademark is accorded reputation through its prolonged use and the goodwill it holds in the market where it operates. A trademark is believed to have a …
By Anjeeta Rani
8 days ago 0

Patent Owner Tells PTAB Precedential Opinion Panel Fintiv Factor 2 Should Be Modified Post-Arthrex

On October 8, a motion was filed on behalf of K.Mizra LLC asking the Patent Trial and Appeal Board’s (PTAB’s) Precedential Opinion Panel (POP) to …
By Eileen McDermott
9 days ago 4

Federal Circuit Clarifies Criteria for ‘Exceptionality’ Finding in Awarding Attorneys’ Fees

The U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision today in which it affirmed a district court’s finding of exceptionality …
By Eileen McDermott
10 days ago 0

CAFC Affirms Eastern Texas Rulings of Noninfringement for Telecom Companies

On October 12, the United States Court of Appeals for the Federal Circuit (CAFC) issued two related precedential opinions affirming the decisions of the U.S. District Court …
By Logan Murr
10 days ago 0

How Public Opinion Polls Expand the Conversation on GSK v. Teva and Skinny Labeling

The Federal Circuit’s recent majority opinion and Chief Judge Prost’s dissenting opinion in the GlaxoSmithKline LLC v. Teva Pharmaceuticals “skinny labeling” case has raised eyebrows …

CAFC Shoots Down Due Process Challenges to PTAB Structure

In an appeal from the Patent Trial and Appeal Board (PTAB) brought by Mobility Workx against Unified Patents, the U.S. Court of Appeals for the Federal …
By Eileen McDermott
11 days ago 3

CareDx v. Natera: The Latest in Patent Eligibility of Medical Diagnostics

The latest ruling involving patent eligibility of medical diagnostics comes from Chief Judge Connolly of the United States District Court for the District of Delaware in a …
By Scott Bluni
11 days ago 1