Posts in District Courts


Patent Filings Roundup: Dozens of Patents DJed Under Alice; Counterfeit Kids’ Bikes Challenged; Board Refuses Non-Fintiv Policy Arguments

District court filings were low this week with 49, a substantial percentage of which were filed against small or medium-sized companies by IP Edge or Leigh Rothschild-owned subsidiaries.  …
By Jonathan Stroud
47 minutes ago 0

Federal Circuit Reinstates Jury Verdict Finding Claims of Biogen’s MS Drug Were Anticipated

On Monday, the U.S. Court of Appeals for the Federal Circuit issued a precedential decision in Biogen MA, Inc. v. EMD Serono, Inc., reversing the U.…
By Steve Brachmann
6 hours ago 0

CAFC: Parties Joined in IPRs are Not Estopped from Raising New Invalidity Grounds in District Court

On September 24, the United States Court of Appeals for the Federal Circuit (CAFC) affirmed-in-part and reversed-in-part the U.S. District Court for the Eastern District of Texas’…
By IPWatchdog
1 day ago 0

California Court’s Finding of Fair Use for Nicki Minaj Affirms Public Benefit of Artistic Experimentation

In a ruling earlier this month, U.S. District Judge Virginia A. Phillips of the Central District of California granted partial summary judgment in favor of Onika …
By Steve Brachmann
1 day ago 0

Patent Filings Roundup: Clash of Clans Conflict Continues; First ANDA-Related Pharmaceutical Patent Discretionary Denial; Freedom-to-Operate Action on Synthetic Peptide Tech

District court patent filings bounced back this week to 86, while the Patent Trial and Appeal Board (PTAB) saw a slight jump to 44, fueled in part by eight …
By Jonathan Stroud
7 days ago 0

Packet Intelligence Asks CAFC to Rehear Panel Analysis on Patent Marking Under Arctic Cat

Packet Intelligence, LLC has filed a combined request for rehearing and rehearing en banc with the U.S. Court of Appeals for the Federal Circuit, asking the …
By Eileen McDermott
13 days ago 0

Tech Companies’ Lawsuit Against USPTO – and Small Business Inventors’ Motion to Intervene – Highlight Need to Address NHK-Fintiv Factors Via Rulemaking

On September 9, a panel of three administrative patent judges (APJs) at the Patent Trial and Appeal Board (PTAB) issued a decision denying institution of a petition filed …
By Steve Brachmann
14 days ago 7

Acer v. Intellisoft Petition Rebukes CAFC for Disrespecting SCOTUS Precedent, Ignoring District Court

Greenberg Traurig and The Rader Group – which is headed by retired Chief Judge of the U.S. Court of Appeals for the Federal Circuit, Randall Rader - …

An Argument for Mandatory Production of Limited Secondary Consideration Evidence by Petitioners in Inter Partes Reviews

The Federal Circuit has repeatedly confirmed that secondary consideration evidence is an integral part of an obviousness analysis (indeed, it “may be the most pertinent, probative, and …
By Kristin Doyle
17 days ago 8

Patent Filings Roundup: Lighthouse Campaign Snuffed Out, At Liberty to Sue, Express Train Rolls On

District court and Patent Trial and Appeal Board (PTAB) patent filings were at roughly steady-state again this week, with 36 PTAB petitions and 75 new patent infringement district court …
By Jonathan Stroud
21 days ago 0

Federal Circuit Vacates District Court Invalidity Judgment Based on Judicial Estoppel

On August 28, the United States Court of Appeals for the Federal Circuit (CAFC) affirmed the U.S. District Court for the District of Massachusetts’ claim construction in …
By IPWatchdog
23 days ago 0

Patent Filings Roundup: IP Edge Sues 26; Quirky IP Files for Creator; Spell Check Targeted

District court and Patent Trial and Appeal Board (PTAB) patent filings were steady this past week, with 31 PTAB petitions and 78 new district court complaints. Many of those …
By Jonathan Stroud
28 days ago 0

Federal Circuit Remands District Court Decision for Erroneous Claim Construction

On August 27, the United States Court of Appeals for the Federal Circuit (CAFC) reversed and remanded a decision of the U.S. District Court for the District …
By Rebecca Tapscott
29 days ago 0

Federal Circuit Affirms Dismissal of Patent Infringement Complaint Under Res Judicata

The Federal Circuit recently affirmed a decision by the U.S. District Court for the Northern District of California dismissing a complaint for patent infringement on the …

Microsoft Supports Epic Games’ Complaint Against Apple for Anti-Competitive Practices

On August 23, Microsoft filed a declaration in support of Epic Games, Inc.’s August 13th Complaint for Injunctive Relief against Apple, Inc., in which Epic alleged that …
By Rebecca Tapscott
1 month ago 2